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1960 April Council Proceedings166 Special Session, March 29, 1960 BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is di- rected to issue to the following named applicants a Beer Permit. CLASS "B° PERMIT Name Address Philip Krepfle, 1399 Jackson Street Robert A. Brillhart, 336 Main Street Mrs. Alma Henkel, 241 Main Street Louis J. Wright, 2600 Jackson Street James J. Miller, Bunker Hill Mrs. Alice H. Erschen, 2620 Uni- versity Avenue Donald M. Love, 250 West 0th Street Sylvester A. Weiner, 201 East 22nd Street Louis T. Bournais, 789 East 10th Street Florence Deutsch, 1298 Main Street Mrs. Ione Miller, 1322 Central Av- enue Clifford Steffen, 1103 Iowa Street Dorance E. Cox, 2613 University Avenue CLASS "C" PERMIT William J. White, 1993 Asbury Street Anthony L. Fecker, 2119 Rhomberg Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 29th day of March, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOAN P. SCHREDIER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. The Preliminary design of the Pedestrian overpass across High- way No. 20, from Marion street to St. Joseph Street was presented and reviewed by the Council. The overpass is to be 157' long by 8' wide and designated as Projeet No. F. 305. Councilman Schueller moved that the Council concur with the plans of the pedestrian overpass as presented. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. There being no further business Councilman Freund moved to ad- journ. Seconded by Councilman Schaller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. LEO F. FROMMELT, City Clerk. Approved Adopted ..................................1960 Councilmen Attest: ...._._ _..... _........_ _........_............ City Clerk Regular Session, April 4, 1960 167 Board of Health (OFFICIAL) Regular Session, April 4, 1960. Board met at 7:15 P.M. Present-Chairman Peter J. Tak- os, Messrs. George A. Freund, Louis Schaller, John P. Schreiber, Dr. A. J. Entringer, Acting City Manager Frommelt. Absent-Mr. Leo N. Schueller. STATE DEPARTMENT OF HEALTH February 19, 1960 Mr. Leo F. Frommelt, City Clerk Dubuque, Iowa. Attention Local Board of Health Re: Hawkeye Trailer Court, Dubuque Gentlemen: The application for a license to operate the above listed mobile home park during the current licensing period has been approved. A copy of the letter approving the application, and the yellow copy of the completed application for a license, are enclosed for your file. Very truly yours, Division of Public Health Engineering C. L. Campbell Public Health Engineer Mr. George Freund moved that the communication be received and made a matter of record. Seconded by Chairman Peter J. Takos. Car- ried by the following vote: Yeas-Chairman Peter J. Takos, Messrs. George A. Freund, Louis Schaller, John P. Schreiber. Nays-None. Absent_-Mr. Leo N. Schueller. copy of the completed application for a license, are enclosed for your file. Very truly yours, DIVISION OF PUBLIC HEALTH ENGINEERING C. L. Campbell Public Health Engineer Mr. George A. Freund moved that the communication be received and made a matter of record. Seconded by Chairman Peter J. Takos. Car- ried by the following vote: Yeas-Chairman Peter J. Takos, Messrs. George A. Freund, Louis Schaller John P. Schreiber. Nays-None. Absent-Mr. Leo N. Schueller. April 4th, 1900 Honorable Chairman, and Members of the Boazd of Health, Gentlemen: The Health Depart- ment respectfully requests the Board of Health to consider adopt- ing resolutions ordering the prem- ises at 677 Kane Street and 2715 University Avenue to be connected to the sanitary sewer. The outside privies be abandoned, removed and cleaned, and that proper sanitary facilities be installed within said dwelling. Respectfully submitted, ALBERT J. ENTRINGER, M.D. D?rector of Health, Health Department Mr. George A. Freund moved that the communication be received and made a matter of record. Sec- onded by Chairman Peter J. Takos. Carried by the following vote: Yeas-Chairman Peter J. Takos, Messrs. George A. Freund, Louis Schaller, John P. Schreiber. Nays-None. Absent-Mr. Leo N. Schueller. STATE DEPARTMENT OF HEALTH February 19, 1960 Mr. Leo F. Frommelt City Clerk Dubuque, Iowa. Attention Local Board of Health Re: Wieland Mobile Park, Dubuque. Gentlemen: The application of a license to operate the above listed mobile home pazk during the cur- rent licensing period has been ap- proved. A copy of the letter approving the application, and the yellow SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Mrs. Anna Bollinger, 677 Kane Street. You are hereby notified that on the 4th day of April, 1960, the Local Board of Health for the City of Dubuque adopted a resolution ordering you to abandon and re- move the outside water closet, privy or private vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary Sa 168 Session, April 4, 1960 sewer and install sanitary toilet and to have facilities and connect the same with said sewer all of which to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out as follows: RESOLUTION NO. 60--60 RESOLUTION OF THE BOARD OF HEALTH Be it resolved by the Board of Health of the City of Dubuque, Iowa that it is deemed necessary that Lot Number 2 of 1 of Mineral Lot 345 owned by Mrs. Anna Bol- linger, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and remov- ed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. Anna Holsinger be notified to remove and abandon the out- side water closet, privy or privy vault located upon the premises above described and to clean said vault, that said property be con- nected with the sanitary sewer and that sanitary toilet and toilet facili- ties be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be it further resolved that said Mrs. Anna Bollinger, be notified of ttre aetion of this Board by the service of written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the CouncIl or i Board of Health may determine. Dated this 4th day of April, 1960. Attest: LEO F. FROMMELT City Clerk PETER J. TAKOS, Mayor You are further notified that prosecution will follow a failure to comply with this order and no- tice, or such further action will be taken as to the Council or Board of Health may deem proper. Signed Albert J. Entringer Mr. Louis Schaller moved the adoption of the resolution. Second- ed by Mr. George A. Freund. Car- ried by the following vote: Yeas--Chairman Peter J. Takos, Messrs. George A. Freund, Louis Schaller, John P. Schreiber. Nays-None. Absent-Mr. Leo N. Schueller. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Wm. Kaiser, 2715 University Ave. You are hereby notified that on the 4th day of April, 1960 the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or private vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and to have facilities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out as follows: RESOLUTION NO. 670 RESOLUTION OF THE BOARD OF HEALTH Be is resolved by the Board of Health of the City of Dubuque, Iowa that it is deemed necessary that Lot Number 21 Lennox Add. owned by Wm. Kaiser be connect- ed with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be is further resolved that said Wm. Kaiser be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault, that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be in- stalled and connections made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be it further resolved that said Wm. Kaiser be notified of the ac- tion of this Board by the service of written notice together with a copy of this resolution. Failure to I ' Regular Session, comply with the terms hereof with- in the time stated shall be followed ~ by prosecution or such other ac- ~ ~ tion as the Council or Board of Health may determine. Dated this 4th day of April, 1960. Attest: LEO F. FROMMELT ~~ City Clerk C PETER J. TAKOS, M ayor ~ '~~`~ You are further notified that ;?. prosecution will follow a failure to -,: comply with this order and notice, or such further action will be taken as to the Council or Board of Health may deem proper. Signed Albert J. Entringer Mr. Louis Schaller moved the adoption of the resolution. Second- ed by Mr. George A. Freund. Car- ried by the following vote: Yeas--Chairman Peter J. Takos, _ ~ Messrs. George A. Freund, Louis ~' Schaller, John P. Schreiber. Nays-None. ~, =3;; Absent-Mr. Leo N. Schueller. br Mr. Leo N. Schueller entered the ~ s:: ~ Council Chamber at 7:25 P.M. and r ~~ took his place at the Council table. There being no further business ~; Mr. George A. Freund moved that ~ the Board of Health meeting ad- journ. Seconded by Mr. Louis Schaller. Carried by the following vote: Yeas-Chairman Peter J. Takos, Messrs. George A. Freund Louis ' Schaller, John P. Schreiber, Leo N. Schueller. '. NaYS-None. LEO F. FROMMELT, Clerk Board of Health Approved ....................................1960 Adopted Members -, of Board ....................... _.......... - of Health c` I, , Attest: Clerk, Board of Health 4, 1960 169 r x 170 Regular Session, April 4, 1960 CITY COUNCIL OFFICIAL Regular Session, April 4, 1960. Council met at 7:30 P.M. Present-Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Acting City Manager Frommelt. Mayor Takos read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. Communication of Dubuque Fed- eration of Labor presenting two resolutions, one stating that expan- sion of the City should not be on a wholesale basis and that the cost of servicing any annexed area he on the basis of funds available and secondly recommending that the Council choose a City Manager who is a Dubuque resident, presented and read. Councilman Schueller moved that the first resolution be referred to the Council for consideration at the time of annexation; the second resolution be referred to the Coun- cil to be considered at the time ap- plications for the Manager job is considered. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Communication of Hauber Realty Co. stating that approximately 26000 sq. ft. at 2940 WRbrecht Lane adjoining Flora Park (Ertl '~ property is available and can be purchased at a price of $37,500, presented and read. Councilman Freund moved that the communication be referred to the Park Board for their considera- tion. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Communication of Board of Dock Commissioners suggesting that some preliminary engineering work be done in regard to the cost of paving Terminal Street, from East 1st Street to Charter Street, pre- sented and read. Councilman Freund moved that the communication be referred to the 1960 street improvement pro- gram. Seconded by Councilman Schaller. Carried by the following ~ vote: '~ Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Communication of Chicago Great Western Railway Company suggest- ing that details covering elevations etc. for the lead track to serve leaseholders on Area A to Flynn Ready Mix and Ralston Purina be made known to them as soon as possible, presented and read. Councilman Freund moved that the communication be referred to the Dock Commission. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-I~TOne. Communication of Eldon A. Pfohl submitting various sugges- tions as to the appointment of a City Manager, presented and read. Councilman Freund moved that the communication be referred to the Council when considering ap- plications. Seconded by Council- man Schreiber. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Communication of Brotherhood of Locomotive Firemen and Engine- men objecting to the foul odor from the sewage disposal plant, presented and read. Councilman Schaller moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Mr. P. M. Sowle a member of the brotherhood of Locomotive Fire- men addressed the Council relative Regular Session l to the odor at the sewage disposal plant by stating that other cities seem to overcome the odor prob- ~ lem from sewage disposal plants. a Mr. Jack Kilby, assistant City En- ,: gineer stated that the effluent into our plant is of a different nature than most cities due to the fact E that we have a large packing plant. He was of the opinion that it would cost approximately $200 per day ~ more in chemicals to rid the plant and the surrounding area of the odor. Councilman Schaller moved that the request of the firemen and en- ginemen be referred to the En- gineering Department. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Communication of Haight, Davis & Haight Inc. Actuaries, submit- f. ting an actuarial valuation as of December 31, 1959 of the City Police & Fire Retirement Systems, presented and read. Mayor Takos moved that the re- '. port be received and filed. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, S Schueller. Nays-None. Council proceedings for the months of November and Decem- ber 1959 were presented for ap- proval. Councilman Schueller moved that the council proceedings for the months of November and De- cember 1959 be approved as print- ed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen I Freund, Scha 11 a r, Schreiber, I Schueller. S Nays-None. Communication of Ben A. Ernst objecting to the special assessment for bituminous surfacing assessed against him for Alpha Avenue, ,y '' presented and read. £# Mayor Takos moved that the ~? L communication be received and April 4, 1960 171 filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Communication of Memorial Day Committee submitting a plan to commemorate Memorial Day by placing one flag, a cross and a sign at the entrance of our nine ceme- teries rather than placing small flags at the individual graves, at an estimated cost of $354.81, pre- sented and read. Mr. Art Fish and Joe Guilford spoke in behalf of the petition. Councilman Schueller moved that the recommendation be approved. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. IOWA STATE DEPARTMENT OF HEALTH March 30, 1960 Leo F. Frommelt Acting City Manager, Dubuque, Iowa. Permit No. 60-55-5 2490' of 8" S. P. Marycrest Subdivision Attention Honorable Mayor and Council Gentlemen: In accordance with the provisions of Section 135.26 of the Iowa Stream and Lake Pol- lution Law, this permit is issued for the project cited above for which plans have been received in this office. This permit is issued subject to the following condition and requirement: 1. Sewer lines and manholes will be constructed in accordance with the standard City of Du- buque specifications. The issuance of this permit in no way relieves the responsibility far complying with all local, state, and federal laws, ordinances, regula- tions, or other requirements apply- ing to this project. We are retaining one copy of the approved plans for our files and returning the other two copies to the designing engineer. ~ 4 i 172 Regular Session, April 4, 1980 Inasmuch as this letter constitu- tes official permit, it should be retained in your files. For the Commissioner. Very truly yours P. J. HOUSER Director Division of Public Health Engineering Councilman Freund moved that the communication be made a mat- ter of record. Seconded by Council- man Schreiber. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Communication of Mel Klauer, Asbury fire chief, et al, clarifying statements made by Mr. Trimpler relative to price of fire protection, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Communication of Mrs. A. Eilers complaining of the conditions of Brunswick street and alley as to surfacing, lights etc. presented and read. Councilman Schueller moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Conucilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. March 22, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The City of Dubuque has purchased a portion of the fol- lowing named real estate for the widening of Kane Street. There- fore, in accordance with the pro- visions of Section 391.63 of the code of Iowa I herewith submit plans of subdivision of Lot 2 of 1 ~, of 1 of Lot 156 of L. H. Lang- worthy's Addition, owned by James G. & Elizabeth Becker, into the following lots: Lot 2 of 2 of 1 of 1 of Lot 156 of L. H. Langworthy's Add. Lot 1 of 2 of 1 of 1 of Lot 156 of L. H. Langworthy's Add. I further request that the City Clerk, City Treasurer, and County Auditor be authorized and notified to apportion the assessments pres- ently levied against Lot 2 of 1 of 1 of Lot 156 of L. H. Langworthy's Addition for the improvement of Kane Street with concrete curb and gutter, and Bituminous Con- crete paving as follows; Concrete Curb & Gutter Asses. Lot 2 of 2 of 1 of 1 of Lot 156 of L. H. Langworthy's Addn . .................................. 0.00 Lot 1 of 2 of 1 of 1 of Lot 150 L. H. Lanrgworthy's Addn . ..................................$216.41 Bituminous Concrete Paving Lot2of2ofloflof Lot 156 L. H. Langworthy's Addn . ................................... 0.00 Lotlof2ofloflof Lot 156 L. H. Langworthy's Addn . ..................................$253.46 The assessments levied against Lot 2 of 1 of 1 of Lot 156 of L. H. Langworthy's Addition are all as- sumed by James G. and Elizabeth Becker. Respectfull submitted, K. J. CULLEN City Engineer Mayor Takos moved that the recommendation of the City En- gineer be approved. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. March 31, 1960 Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of the Board of Education relative to need of installing some type of traffic control at Senior High School was referred to the City Manager and Traffic Department for investiga- tion and report. Captain O'Brien of the Traffic Department, Mr. Norton, Electrical Inspector and myself met with Mr. Clark, Superintendent of Schools, for a thorough discussion of the problem. It was definitely resolved at this meeting that the installation of a pedestrian crossing traffic Session, April 4, 1960 173 signal is the only solution to the problem to avoid continual backing up of traffic. This type of signal would provide a legal means for the motorist to assert his right way and at the same time there would be an enforceable legal prohibition against pedestrian activity during the vehicle right of way period. Pedestrian passage would be per- mitted on signal from a "walk" light actuated by manual push but- ton. With this type of installation, it is hoped to give both the pedestrian and traveling motorists the proper legal protection. It is therefore recommended that pedestrian crossing signals be in- stalled at Senior High School as soon as possible. Respectfully submitted ' T LEO F. FROMMEL Acting City Manager : Councilman Schaller moved that ~ the recommendation be approved. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. R, March 24, 1960 To the Honorable Mayor and City Council Dubuque, Iowa ~ Gentlemen: The petition of the '5-. Dubuque Bank and Trust Company requesting to convert the alley from 13th to 14th Streets between Iowa and Central Avenue to one- way traffic, northbound only, was referred to the City Manager and Traffic Department for investiga- tion and report. The business places using the alley for delivery of merchandise, etc., do so by means of northerly ~~• travel through the alley. It is recommended that the alley west of Central Avenue between '! 13th and 14th Streets be made a part of Schedule I, Section 1, sub- section a, of Ordinance 33--49 and that proper proceedings be pre- pared. Y Respectfully submitted, "~ LEO F. FROMMELT '~ti; Acting City Manager rs Mayor Takos moved that the recommendation be approved. Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. April 4, 1960 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Re: Extension of Catfish Creek Sanitary Sewer from Folk's Subdivision to Key Knolls Gentlemen: Upon your instruc- tions, an investigation was con- ducted for the extension of the Catfish Creek Sanitary Sewer from the terminus of the existing sewer in Folk's Subdivision to Key Knolls. The alignment of the sewer exten- sion is as shown on the attached plan; this alignment was chosen as the most feasible location con- cerning the private property in- volved. The line, in general, follows the creek to the City Limits, thence northerly paralleling the City Limits to a point 150 feet south of the south property line of Penn- sylvania Avenue, thence westerly and northerly to Pennsylvania Avenue to a point approximately 500 feet west of the City Limits. The location of this line and term- inus will afford the extension of Catfish Creek Sanitary Sewer west- erly to Asbury. The estimated cost of the 12" sanitary sewer is as follows: Construction cost ............$15,272.00 Engineering & Insp. 3% 1,221.70 Easements @ $1.00 per foot .................................. 1,800.00 Total Estimated Cost ..$18,293.70 This estimate does not cover any probable rock excavation. The possibility of recovering any of the cost of the project through connection charges is minute with the exception of that portion of the sewer which will parallel Penn- sylvania Avenue. It will be necessary to obtain sanitary sewer easements from property owners to construct this project. The estimated cost of ob- taining the easements is $1.00 per fooE, or a total of $1,800.00, the length of the sewer through pri- vate property. Very truly yours, LEO F. FROMMELT Acting City Manager 174 Regular Session, Apri] 4, 1960 Councilman Freund moved that the communication be referred to the Council for further considera- tion. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r„ Schreiber Schueller. Nays-None. Attorney Marshal Thomas ad- dressed the Council representing Hillcrest Builders was of the opin- ion that any plan that would bring the sewer to them would be satis- factory. Attorney Thomas Nelson repre- senting the Harrington and Kelly interests seemed to agree as to lo- cation. He was of the opinion that house laterals that are to be con- nected per foot street frontage should govern. March 31, 1960 Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: Attached herewith is a Lease and Agreement executed by Charles and James Miller being an assigned lease by the Estate of A. C. Bruyneel, with the City of Dubuque through its Recreation Commission, leasing the club house of the Bunker Hill Golf Course except portions thereof known as the pro-shop and the basement storage room. An Inventory of the personal property items is also attached. It is recommended that the Lease and Agreement be received and made a matter of record. Respectfully submitted, LEO F. FROMMELT Acting City Manager Mayor Takos moved that the recommendation of the acting City Manager be approved. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. LEASE AND AGREEMENT Whereas, the City of Dubuque, Iowa, through its Recreation Com- mission, and A. C. Bruyneel did, on the 26th day of February, A.D. 1959, enter into a Lease and Agree- ment wherein the City of Dubuque Iowa, was the Lessor and said A. C. Bruyneel was the Lessee, wherein said Lessor leased to said Lessee the club house of the Bunker Hill Golf Course in the City of Du- buque, Dubuque County, Iowa, ex- cept the portions thereof known as the pro-shop and the basement storage room; and Whereas, said A. C. Bruyneel has died; and Whereas, the Estate of A. C. Bruyneel, pursuant to an order of the Court in and for Dubuque County, Iowa, has assigned the above mentioned lease to Charles Miller and James Miller; and Whereas, the City of Dubuque, Iowa, through its Recreation Com- mission, and said Charles Miller and James Miller are desirous of amending and revising said Lease and Agreement; It Is Hereby Agreed by the City of Dubuque, Iowa, through its Recreation Commission, hereinafter called the Lessor, and Charles Miller and James Miller, herein- after called the Lessees, that said Lease and Agreement of the 26th day of February, A.D., 1959, en- tered into between the Lessor and A. C. Bruyneel, and which has been assigned to Chazles Miller and James Miller, be and hereby is de- clared to be and is null and void, all parties hereto waiving any and all rights thereunder, and that the following Lease and Agreement shall be substituted therefor. This Lease and Agreement, made and entered into this 16th day of March, A.D., 1960, by and between the City of Dubuque, Iowa, through its Recreation Commission, herein- after called the Lessor, and Charles Miller and James Miller, herein- afte rcalled the Lessees, providing for the lease of the club house on the Bunker Hill Golf Course in the City of Duhuque, Dubuque County, Iowa, except the portions thereof known as the pro-shop, the basement storage room and the men's and women's shower and locker rooms but including all fix- tures and equipment owned by the City of Dubuque, Iowa, set out in the attached inventory, signed by the parties hereto; WITNESSETH: 1. Lessor does hereby lease to Lessees the demised premises here- Regular Session, April 4, 1960 175 -: inbefore described, to have and to hold the same for a period of six (6) years, commencing March 1, ' ` ' 1960. 2. Lessees are hereby granted the option of extending this lease for an additional ten (10) year period, under the same terms and conditions set forth in the original term hereof, by giving Lessor writ- ten notice of the exercise of such option at least sixty (60) days prior to the expiration of the original term. 3. Lessees agree to pay to Lessor "~ ~ an annual rental of one thousand ' ~~ dollars ($1,000.00) for each year of the term of this lease, or any re- newal thereof, which amount shall S be payable annually, in advance, y except that there shall be no rental ?.~~ charged for the lease year ending February 28, 1961. 4. In addition to all other pay- .~`. menu reserved herein, Lessees agree to pay for and provide all ~, necessary heat, electricity, water, 1+- or telephones required to serve the demised premises properly. 5. Lessees agree to operate a p !;, restaurant in the demised premises during the term of this lease, or any renewal thereof, in which they shall serve meals and lunches to the general public, including golf- ers, at reasonable prices and hours. c . 6. Lessees shall, at their own ex- ~ n pense, maintain the entire interior Y of the demised premises in a clean, - neat, safe, and presentable appear- I once at all times. , 7. Lessees shall have the right to renovate the interior of the de- mised premises at their own ex- ` pense, provided the plans for such work shall first be approved by Lessor. 8. Lessees shall remove snow and ice from the parking lot serv- ing the demised premises when necessary. 9. In case the demised premises • shall be damaged by fire or other unavoidable casualty, rendering the same untenantable, Lessor, at its option, may terminate this lease, whereupon the rent shall cease, or may repair the premises, in which ~ event the rent shall abate until the ~, premises have been made tenant- : able. 10. Lessees shall, in addition to all other payments provided for herein, pay to Lessor, on or before the 1st day of September of each year of the term of this lease, or any renewal thereof, the portion of Lessor's fire insurance premium attributable to the demised prem- ises, which payment, however, shall create no interest in Lessees in such insurance or the policy and its proceeds. 11. Aii rents and charges due and payable hereunder shall be delivered to Lessor at its office in Dubuque, Iowa, on or before the due date specified herein. 12. Lessees agree to pay, when due, all taxes, licenses, imposts, or other governmental charges levied or assessed against the business conducted on said premises or Lessees property therein and to conform with all federal, state and municipal regulations in regard to the use of the premises and the operation of the business conduct- ed thereon. 13. During the term of this lease, or any extension thereof, the Lessees shall have the right to sub-let or assign any of its rights in and to the said premises, provided, however, that any such sub-lease or agreement shall have the writ- ten approval of the Lessor to the end that the Lessor's interests shall be fully protected. 14. Lessees agree to procure and maintain in force during the term of this lease, or any renewal there- of, apolicy of liability insurance insuring the liability of the City of Dubuque and its Recreation Com- mission from any claims arising out of the leasing of the demised prem- ises or the operations conducted thereon, including parking lot. Said liability insurance policies shall be written in a company au- thorized to do business in Iowa, in amounts not less than $100,000.00 for one and $300,000.00 for two or more personal injuries and ten thousand dollars ($10,000.00) prop- erty damage; shall contain a clause prohibiting the cancellation thereof without ten (10) days' written no- tice to the City of Dubuque, and a duplicate thereof shall be de- posited with the Lessor's secretary. 176 Session, April 4, 1960 15. If Lessees shall make de- fault in the payment of the rentals hereunder, or any part thereof or shall make default in the perform- ance of any of the other covenants herein contained, and such default shall continue for a period of thirty (30) days after written notice there- of, specifying the default com- plained of, then it shall be lawful for Lessor, at its election, to de- clare the term of this lease ended and to re-enter upon the leased premises, with or without process of law, and to expel and remove Lessees, or any person or persons in or upon the same, using such force as may be necessary under circumstances; and if at any time, by reason of such default of the Lessees and the continuance there• of for such period of thirty (30) days after written notice has been given, said term shall be so ended, Lessees hereby covenant and agree to surrender and deliver up the leased premises peaceably to the Lessor. 16. Lessor reserves the right to enter upon the premises at all reasonable times to inspect the same and also reserves the right of access to the basement storage room in the club house building. 17. The Lessees agree that if a Ciass B beer permit is issued by the City Council, beer will not be served at a baz to the general pub- lic. 18. The Lessees shall not be liable for reasonable wear and tear of the demised premises, including fixtures and equipment set out in the attached inventory. 19. The obligations of the Lessees herein are agreed to be joint and several. IN WITNESS WHEREOF, the parties hereto have caused the due execution of this agreement, in duplicate, as of the day and year first above written. CTPY OF DUBUQUE, IOWA Lessor LEO F. FROMMELT, Acting City Manager GERALD W. McALEECE, Chairman of Recreation Commission CHARLES MILLER TAMES MILLER Lessees March 24, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of J. P. Miller and others requesting some type of traf- fic control at 14th and Elm Streets was referred to the City Manager and Traffic Degaxtment for inves- tigation and repont. This crossing has been a source of danger for quite some time. The record will show that two years ago it was more or less de- cided Co fnatall some type of con- trol but evidently was delayed because of the proposed 14th Street overpass. The overpass seems ,to be somewhat in the fukure and due Ito the fact that this inter- section is of such great import- ance, I recommend that a traffic light be erected at 14th and Elm Streets at this time. Respectfully submitted, LEO F. FROMMELT, Acting City Manager Councilman Freund moved that the recommendation of the Acting City Maa~ager be approved. Second- ed by Councilman Schaller. Caz- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. March 24, 1960 Honorable Mayor and Members of the City Council Dubuque, Iowa Getutleman: The petition of the Continental Baking Company and others re- questing two twelve minute meters on Central Avenue be~~tween 4th and 5th Streets was referred to the City Manager and Traffic Depart- ment for fnvestigatian and repont. It is recommended that twelve minute meters be used i~n the 400 block on Central in the first meter spaces north of 4th Street on the east and west side of the street, at ,the rate of 12 minutes per .Olc. The present 2 hour meters in these locations can be removed and the 12 minute meters mounted on the posts. Respectfully submitted, LEO F. FROMMELT Acting City Manager Regular Session, April 4, 1960 177 : Mayor Takos moved that the recommendation of the Acting Cuty Manager be approved and that pro- per proceedings be prepared. Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. March 22, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit reports of .the City Auditor, City Treasurer, City , Health Department and Water a . Works for the month of February as well 'as list of claims and pay- rolls for which warrants were is- `~~. sued for the month of Februazy, 1960. Respectfully submitted, _ LEO F. FROMMELT Acting City Manager ' Councilman Freund moved that the reports be received and filed. Seconded by Councilman Schueller. Carried by the following vale: Yeas-Mayor Takos, Councilmen - Freund, Schaller, Schreiber, Schuel- lr, ti~, ler. `~ Nays-None. ' Proof of Publication, certified to by ~hhe Publisher, of statement of receipts and a list of claims for ~ ~e ~!; which warrants were drawn dur- ~ ~ ing the month of February, 1960, presented and read. Couacilm~an Freund moved that the proof of publication be received `i. and filed. Seconded by Council- ,~kr, man Schueller. Carried by the fol- ~s lowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. '.. Nays-None. ~ . March 22, 1960 To the Honorable Mayor and City Council 4 Dubuque, Iowa ~: Gentlemen: The City of Dubuque has pur- - chased a portion of Lot 1 of 2 of Mineral Lot 203 from Emily Pow- ,,;., ers on April 28, 1959, for the North Grandview Avenue right of way. This lot was subdivided into the foDowing lots: Lot 2 of 1 of 2 ~of Mineral Lot 203. Lot 1 of 1 of 2 of Mineral LM 203. The City of Dubuque. purchased Lot 2 of 1 of 2 of Mineral Lat 203, and Mrs. Powers retained Lot 1 of 1 of 2 of Mineral Lot 203. On the preliminary schedule of assessments for the North Grand- view Avenue Concrete Curb and Gutter Project, the lot description of Mrs. Emily Powers property was recorded in error. The description was listed as Lat 1 of 2 of Mineral Lat 203, should 'have been Bsted as Lot 1 of 1 of 2 of Mineral Lot 203. Therefore vt is requested that your Honorable Body grant the City Clerk, City Treasurer, and County Auditor authority to change the preliminary schedule of as- sessments as stated previously. Respectfully submitted, LEO F. FROMMELT Aotfng City Manager Councilman Freund moved that .the request be granted. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. April 1, 1980 The Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: Sometime ago the Dock Com- mission requested that Terminal Street be made one way north- bound from Jones to Firat, and First Street be made one way westerly from Terminal to Water Street. Upon recommendation of ~ffie City Manager, these ~direotions were reversed with the approval of the Dock Commission. Some confu- sion has arisen because of appli- cation of wrong portions fn the adoption of the ordinance at that -time. Traffic should move easterly on First Street between Water and Terminal, and southerly only on Terminal between East First and Jones Street. In ender to correM the present situation, it is recommended that Section H of Section 1 of Schedule I be repealed, 'and that Section 2 of Schedule I be amended, by add- ing asection Hthereto, reading as follows: 178 Regular Session, April 4, 1960 "H-Terminal Street from First Street to Jones Street " And that proper proceedings be prepared. Respectfully submitted , LEO F. FROMMELT Acting City Manager Mayor Takos moved that the. rec- ommendation of the acting city manager be approved. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. April 1, 1960 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: The request of A. Y. McDonald Manufacturing Co. requesting the City ~to assume dhe cost of fill oa Ash sand Marsh Streets, was re- ferred to the City Manager and Engineering Department for inves- tigation and report. Due to ~a recenk traffic study by the Iowa Highway Study Commt- tee and the City, it has been veri- fied that Ash Strect from 12th ~to 14th Street will be needed in the future as a business •and industrial excess street. This also shows as such on the City Master Plan. It is estimated that it would re- quire 7,398 cubic yards to fill Ash Street, and 1,895 cubic yards rto fill Marsh Street. The Engineering Departmeatrec- ommends that the Cidy assume, the rnst of filling the area on Ash Street from 12th to 14th Street, which would amount to: 7,398 cu. yds. fill at $0.30 cu. yd. _ $2,219.50. Bwt ~dces not recommend that .the city pay for the cost of filling Marsh Street. From the evidence furnished, it would seem that this would be a logical conclusion providing pay- mend of the fill can be made from the Street Construction Fund. Respectfully submitted, LEO F. FROMMELT Acting City Manager Councilman Freund moved that the recommendation of dhe ~aating city manager be approved. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Cowncilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Communication ~of A. Y. McDon- ald Mfg. Co. amending their letter of March 7, 1960, requesting thah the City assume certain cost of fill on Ash and Marsh Streets ad- jacent to their property, presented and read. Councilman Freund moved that the communication be referred t the Cidy Manager and Engineering Department for investigation and report. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. April 4, 1980 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is ~to advisethat I~have ap- proved the following bands and policies ~aud desire to have your approval on same fox filing, sub- ject to the approval of the Crty Solicidor: Blasting McDonnell Excavating Service- Continental Casualty Company. Heating Alex Kollar-Bond No. 656448-60, Western Surety Company. F. W. Hanselmann -American Casualty Company. Robert G. Steichen d/b/a/ Ace Plumbing & Heating Company- Bond No. 655800-60, Western Sure- ty Company. Sidewalk Cyril Hanten-Bond No. 830908- 60, Western Surety Company. Raphael H. Strub-Western Sure- ty Company. Robert Shireman -Bond No. 68253, Merchants Mutual Bonding Company. Richard Anthony -Bond No. 2821413-336-57, U. S. Fidelity & Guaranty Company. Merlin P. Kluck d/b/a/ M. P. Kluck & Son-Bond No. 2821413- 62453, U. S. Fidelity & Guaranty Company. Excavation Dubuque Plumbing sod Heating Company-Policy No. CL 848974, Bituminous Caswalty Corporation. Regular Session, April 4, 1960 179 Joseph Clemens & Francis Smith d/b/a Clemens-Smith Construction Company-Policy No. CL 849518, Bituminous Casualty Corporation. John Jones-Policy No. CGB 3273, Dubuque Fire & Marine In- surance Co. Saffron Construction Co.-Policy No. 0721A0-030771, Employers Mu- tual Liability Insurance Co. of Wis- consin. Merlin Gcerd~t-Policy No. CLP 112-40108, American Surety Com- pany. Respectfully submitted, LEO F. FROMMELT Acting City Manager Mayor Takos movedthat filing of the bonds and policies be ap- proved subject~to the approval of the City Solicitor. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. March 17, 1900 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Joseph C. Schnei- der, 2900 Central Ave., requesting rezoning of his property to Local Business District B Classification and khe petition of the property owners in the 2900 Block on Cen- tral Avenue supporting his petition has been considered by the Plan- ning & Zoning Commission. In a previous decision the Com- mission felt that rezoning of this single lot to Local Business B would not be sound zoning and many of the uses permitted in this Classi- fication would oat be suitable for this location. The situation has oat changed the new petition would restrict the property uses but would only make future use of ~bhis pro- peaty more confusing. The Planning and Zoning Com- mission re-affirms its previous de- cision and recommends denial of .the petition. Respectfully submitted, THE DUBUQUE PLAN- NING & ZONING COM- MISSION By Owen Riley, Secretary Councilman Freund moved that the recommendation of the Com- missi~oa be approved. Seconded by Mayor Takos. Carried by khe fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. March 29, 1900 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- sion has examined the petition of Kenline, Roedell, Hoffman and Reynolds regarding Validity of sub- division plats filed by Paul Schmitt. These plats were subdivisions of property located at Kerrigan Road and Bellevue Road in Dubuque County. Four plats were filed in the following order: Plat dated January 21, 1957, recorded January 22, 1957, in Book of Plats 24, Page 131; Plat dated April 5, 1957, record- ed April 8, 1957 in Book of Plats 24, Page 189; Plat dated June 4 1957, recorded July 3, 1957 in Book of Plats 24, Page 298; Plat dated July 31, 1957, record- ed August 1, 1957 in Book of Plats 24, Page 336. The Commission finds that Mr. Schmitt in other subdivisions in this area where home sites were provided complied with all the pro- visions of the subdivision ordinance and the plats in question were pri- marily as a result of the new high- way dividing this property. The Commission finds that the conditions concerning the subdivid- ing in question did not indicate an intentional violation of the ord- inance and recommend that the City Council not contest the valid- ity of the plats. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RII.EY, Secretary Councilman Freund moved that the recommendation of the Com- mission be approved. Seconded by Mayor Takos. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. 180 Regular Session, April 4, 1960 Regulaz Session, April 4, 1960 181 To the Honorable Mayor '.. and City Council, Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- '~ Sion has approved the location of County Road extension known as the Extension of the Old Timers j Road from Asbury Street to Penn- , Sylvania Avenue and County Road ', Extension from Center Grove to Rockdale. March 29, 1980 entered in the Records of this Court, Book 60, Law Docket, page 42. Dated this 8th day of March, 1960. /s/ Edward Leo Alber State of Ia., County of Dubuque ss: On this 8th day of March, 1960, before the undersigned, a Notary Public in and for the aforesaid county, personally appeazed Ed- ward L. Alber, the judgment cred- itor herein, to me known to be the person who signed the above Satis- faction of Judgment and acknowl- edged that he executed the same as his voluntary act and deed. Edward D. Failor Notary Public in and for Du- buque County, Iowa (Notorial Seal) Cer}ificafe of Clerk Dubuque County, State of Iowa ss: I, Harold N. Hilbert, Clerk of the District Court, in and for Du- buque County, Iowa, hereby certify that the foregoing is a full, true and compared copy and transcript of the Original Acknowledgment of Satisfaction of Judgment, in the Case of Edward L. Alber, Plain- tiff, vs. City of Dubuque, Iowa, Defendant, Law No. 35264, as the same appears of record and on file in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the District Court at the City of Dubuque, Iowa, this 8th day of March A. D. 1960. Harold N. Hilbert, Clerk By Leroy L. Meyer, Deputy {Seal) Councilman Freund moved that the acknowledgment be received and made a matter of record. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. March 24, 1960 Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Your attention is directed to the fact that the court costs accrued in the action of Edward L. Alber, plaintiff, against the City of Du- buque, in law action number 35264 are in the amount of $594.15, in- cluding court costs of appeal to the Iowa Supreme Court. £ Pursuant to my letter to your 1 Honorable Body bearing date of March 3, 1960, the judgment plus interest has been paid and satis- faction of said judgment by the plaintiff has been duly filed. It is the recommendation of the City Attorney, therefore, that your Honorable Body authorize the City Auditor to draw a warrant payable 7. to Harold N. Hilbert, Clerk of the District Court, Dubuque County, Iowa in the amount of $594.15 to cover the payment of the court costs in full. Respectfully submitted, R. N. RUSSO City Solicitor Councilman Schueller moved that the recommendation of the City Solicitor be approved and that the Auditor be instructed to draw a warrant payable to Harold N. Hil- bert Clerk of the District Court in the amount of $594.15. Seconded by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Notice of claim of H. J. Fischer, in an un-named amount, for per- sonal injuries received as the re- salt of a fall in the alley at 10th ~' street on March 22, 1960, presented and read. Councilman Schaller moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. 'k' A Notice of claim of Rosemary M. Adams, in an un-named amount, j` for personal injuries received as ~. the result of a fall at 674 Lowell Street on February 20, 1960, pre- - sented and read. Councilman Schal- ler moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: ` Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Notice of claim of Mrs. Florence Mulgrew, in an un-named amount, for personal injuries received as the result of a fall at 1327 Delhi Street on February 14, 1960, pre- sented and read. Councilman Schal- ler moved that the claim be refer- red to the City Solicitor for investi- gation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Notice of claim of Marvin C. Stamp, in the amount of $37.94, for damage to his car as the result of striking holes in the street at Pennsylvania and Wisconsin av- enue on March 22, 1960, presented and read. Councilman Schaller moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Notice of claim of Gerald E. Thurston, in the amount of $30., for damage to his car as the result of striking an open manhole in the street at 17th & White street on March 29, 1960, presented and read. Councilman Schaller moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Notice of claim of James Johns, in the amount of $275.86, for dam- age to his car as the result of flood water as it was parked on E. 17th street on March 29, 1960, presented and read. Councilman Schaller moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. The Plans for same are on file in the City Engineers office. Yours very truly, Dubuque Planning & Zoning Commission By OWEN RILEY, Secretary Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. In The District Court of Iowa in and for Dubuque County Edward L. Alber, ) Plaintiff )LAW vs. ) NO. City of Dubuque, Iowa ) 35264 Defendant ) Acknowledgment of Satisfaction of Judgment Whereas, The defendant in the above-entitled action has paid to the Clerk of this Court the sum of fifteen thousand dollars ($15,000: 00) in satisfaction of the judgment rendered against it and has also paid, to the Clerk of this Court, the sum of $842.21, being the interest on said judgment; and Whereas, the Clerk of this Court has paid to the undersigned, Ed- ward L. Alber, plaintiff herein, the sum of $15,842.21, representing the amount of the judgment herein and interest thereon; Therefore, Edward L. Alber, plaintiff herein and owner and holder of the judgment rendered in the above-entitled cause, does hereby acknowledge satisfaction of the judgment herein rendered on the 23rd day of January 1960, for the sum of $15,000 and interest thereon, in the sum of $842.21, as 182 Regular Session, April 4, 1960 Notice of claim of Walter F. Hedrick in an un-named amount, for damage to his basement and furnace as the result of flooding on January 12th and March 29th, 1960, presented and read. Councilman Schaller moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Notice of Robert J. Jacquinot, in the amount of $187.95, for per- sonal property damage received while driving a truck through water at the intersection of South- ern Avenue and Sullivan street on March 29, 1960, presented and read. Councilman Schaller moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of time and place of hearing to consider the proposal to dispose of Lot A of Kennedy Central Avenue Place in City Lot 675 in the City of Dubuque to Mettel Realty & Investment Co., presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Freund moved that that proof of publication be re- ceived and filed. Seconded by Mayor Takos. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. ORDINANCE NO. 100 An Ordinance vacating the east- erly 8 feet of Heeb Street from the north line of West Seventeenth Street northerly a distance of 36 feet, said Ordinance having been previously read and set down for hearing on the 15th of February, 1960, presented for Final adoption. ORDINANCE No. 10.80 An Ortlinance vacating the east- erly 8 feet of Fleab Street from the north line of Weal Seven- teenth Street northerly a tlis• toots of 36 feet. Whereas, Mettel Realty & In vestment Co. and La Vonne Ken nedy as owners of the abuttlm property have petitioned the C1b Council for the Vacation of thi easterly 8 fee[ of Heeb Street Pron the north line of West Seventeentl Street northerly a distance of & feet and the ennvevanca therenP t, Whereas, Planning and Zoning Commission has recommended such vacation; and, Whereas, petitioner hoe eubmlt- ted to the City Council for approv- al a plat of said portion oP said street, describing the same as: "Lot A oY Kennedy Central Avenue Place In City Lot 676 in City oP Dubuque, Dubuque County, Iowa;" and, Whereas, said portion of said street has never been opened or improved Yor public use; and, Whereas, the City Council, at a public hearing held April 4th 1960 pursuant to notice published in the Telegraph-Herald n e w s p a p e r March 1, 1960 and March 8, 1960 hoe determined that it ie in the best public Interest that said por- tion oP said street be vacated and the interest oY the City oY Du- buque therein be conveyed to Met- tel Realty and Investment Co. eub- ]ect to an easement reserved in the City of Dubuque to enter upon sold premises and conduct ouch activity thereon as may be necea. sary for the maintenance oY the retaining wall in said street; NOW THEREFORE IT IS OR- DAINED BY THE CITY COUN- CIL OF THE CITY OF DU- BUQUE: Section 1. That the easterly 8 feet of Heeb street from the north vacated portion of said street be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to execute the same on behalf of the City of Dubuque; Section 3. That the Mayor and City Clerk be and they are hereby authorized to execute and deliver a Qul[ Claim Deed, quit claiming all right tills and interest of the City in Lot A of Kennedy Central Ave- nue Place in City Lot 675 in City of Dubuque, Iowa reserv- ing however to City oP Du- buque an easement to enter upon said premises and con- duct such activity thereon as may be necessary for the maintenance of the retaining wall in Heeb Street. to Mettel Realty and Investment Co. Section 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this ordinance in [he oYPice o[ the County Recorder. Section 5. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication ae by law Brovid- ed. t '. ~y: rs': U1 ' I ' (~ °. t 1 ~. ~~ Regular Session, Introduced the 16th day of Feb- ruary, 1960. Rule requiring reading on three separate days suspended by unan- imous vote the 15th day oY Febru- ary, 1960. Passed by recorded roll call vote, adopted and approved this 4th day of April, 1960. PETER J. TAKOS Mayor. GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER, Councilmen ATTEST: LEO F. FROMMELT, City Clerk. Published officially in The Tele- graph-Herald newspaper this Bth day o1 April, 1960. LEO F. FROMMELT lt. 4.8 City Clark Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. March 17, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning & Zon- ing Commission has made an ex- tensive study of the use classifica- tion as listed in Local Business Districts A & B. Art. 5A, Section lb permits a retail store except those retail stores engaged in a business here- inafter specifically mentioned in a lower zoning classification. Art. 5B, Section le permits: Restaurant, Drive-in, Drive in res- taurant, Cafe, Cafeteria, tavern. This means that a restaurant, cafe or cafeteria is not permitted in a Local Business A District. The Commission after cazeful consideration believe that a res- taurant, cafe or cafeteria has a proper place in Local Business A and recommends that Art. 5A be amended to accomplish same. Respectfully submitted, The Dubuque Planning & Zoning Commission By Owen Riley, Secretary Mayor Takos moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. 4, 1960 183 ORDINANCE NO. 13-60 An Ordinance Amending the Zon- ing Ordinance of the City of Du- buque by repealing Section 1 Ar- ticle VA Local Business District A of the Zoning Ordinance of the City of Dubuque and enacting a substitute therefore to authorize additional uses in the Local Busi- ness District A, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Councilman Freund moved that a public hearing be held on the Ordinance on May 2, 1960, in the Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. ORDINANCE NO. 14-fi0 An Ordinance Amending the Zoning Ordinance of the City of Dubuque by repealing Section 1 Article VB Local Business District B of the Zoning Ordinance of the City of Dubuque and enacting a substitute therefore to authorize uses in the Local Business District B, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. 1S4 Regular Session, April 4, 1980 Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Councilman Freund moved that a public hearing be held on the Ordinance on May 2, 1960, in the Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of the G.A.R. Shiloh Circle requesting permission to hold a tag day September 10th and 12th, presented and read. Councilman Schueller moved that the petition be granted providing there are no conflicting dates. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Dubuque Bank & Trust Co. et al requesting resurfac- ing of the alley in the block be- tween 13th and 14th between Cen- tral and Iowa, presented and read. Councilman Freund moved that the petition be referred to the 1960 street improvement program. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Ns~vs-None. Petition of Inland Molasses Com- pany requesting the installation of curb, gutter and street surfacing on Terminal Street between First Street and Chazter Street, pre- seated sad read. Councilman Freund moved that the petition be referred to the 1960 street improvement program. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Playground and Rec- reation Commission requesting the Council to allocate $284,395.00 paid by Sears Roebuck Company for the Rafferty Field property to the Commission so they can proceed with the purchase of property for the proposed recreation center, presented and read. Councilman Schueller moved that the petition be referred to the City Solicitor to check the contract and resolution for recommendation and report. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Fire Chief Hickson requesting permission to send two firemen to the Iowa Fire Depart- ment Instructor's Conference at Iowa State at Ames on April 12th to 15th, presented and read. Councilman Freund moved that the request be granted. Seconded by Mayor Takos. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Edward J. Meyer re- questing the installation of a street light on an existing pole located on Coates avenue at the entrance to Southgate Drive, presented and read. Councilman Schaller moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Arthur Meltzer et al praying for relief of a drainage problem existing on Theda Drive and Evergreen Drive, presented and read. Mr. Arthur Meltzer addressed the Connell in behalf of the petition. Mayor Takos moved that the petition be referred to the City i ~ ; i 1 t'~ Regular Session, April 4, 1980 185 Manager and Engineering Depazt- ment for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Earl G. Thompson ob- jecting to the proposed surfacing of State Street, presented and read. Mayor Takos moved that the peti- tion be referred to the 1980 street surfacing program. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Lyle Dewey et al re- questing the installation of a water connection to be made to the exist- ing stub extending from the main on Ungs Street to the south border of the Clarke College property, presented and read. Councilman Freund moved that the petition be referred to the Water Works superintendent for recommendation and report. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Council recessed at 10:00 P.M. Reconvened at 10:15 P.M. Petition of Holy Ghost Church re- questing permission to construct an 8" sanitary sewer in Davenport Street between National Street and W. 28th Street, presented and read. Councilman Schueller moved that the petition be referred to the City Manager and Engineering Depazt- ment. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of John W. Dell et al objecting to the extension of any further expansion of industry in the non-conforming use classifica- tion by granting a permit to expand a machine parts factory on Lots 529 and 530 in Lennox Addition, presented and read. Councilman Freund moved that the petition be referred to the Man- ager and Building Commissioner for investigation and report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Lange Insurance Agency requesting release of a blasting bond previously filed un- der the name of McDonnell Exca- vating Service, presented and read. Mayor Takos moved that the bond be released subject to recom- mendation of the City Solicitor. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of A. J. Kisting praying for relief of the existing water problem at his home at 2525 St. Anne Drive, presented and read. Councilman Freund moved that the petition be referred to the City Manager and Engineering Depazt- ment. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Leonard Leib of 349 O'Neill Street requesting repair of the three hundred block of O'Neill Street, presented and read. Councilman Freund moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Schaller. Caz- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Roger Dolan request- ing the vacation of 33 feet in width of Catherine Street from Wabashaw east a distance of one quarter mile, presented and read. Mayor Takos moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. 186 Regular Session, April 4, 1960 Petition of Fred L. Gray Co. re- questing notice of cancellation of the sidewalk construction bond of James J. Rink, presented and read. Councilman Schueller moved that the request be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of George Jecklin et ux requesting that a flooding condi- tion be remedied at 2435 Coates Street which seems to be damaging their roadway by water running from City property, presented and read. Councilman Freund moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Jack Jones request- ing permission to excavate in the streets and alleys of the City, pre- sented and read. Mayor Takos moved that the re- quest be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Merl Goerdt requesk- ing permission to excavate in the streets and alleys of the City, pre- sented and read. Mayor Takos moved that the re- quest be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of M. J. Lehner et al of 311 Hill Street objecting to televi- sion interference usually in the evening from 9:45 to 10:30 P.M., presented and read. Mr. Peter Toole of W. 3rd Street addressed the Council in behalf of the petitioners relative to televi- sion interference in the azea. Councilman Schueller moved that the petition be referred to the Electrical Inspector for investiga- tion and report. Seconded by Coun- cilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of H. C. Schmidt of 1365 Solon Street, objecting to the damage done to his walk as the result of a city truck running over same following one of the recent snow storms, presented and read. Councilman Freund moved that the petition be referred to the City Manager. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Clarke College & Sis- ters of Charity requesting the can- cellation of the proposed special assessment for the installation of curb & gutter as per agreement at the time of conveyance of certain property by the Sisters to the City as authorized under resolution No. 141-59, presented and read. Councilman Freund moved that the petition be referred to the City Solicitor to have proper proceed- ings prepared. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Casper J. & Lucille Hahn objecting to the proposed surfacing of the alley 'between Iowa and Central from 13th to 14th Street, presented and read. Mr. Casper Hahn of 1350 Iowa addressed the Council by request- ing that if at all possible it would be well to direct the downspouts from the buildings under the alley rather than on top. Mayor Takos moved that the peti- tion be referred to the Engineer- ing Department. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. r e .> 't ~~ t1 L .1 Session, April 4, 1960 187 Petition of Anton Fortmann re- questing a $50 refund on the un- expired portion of Class B beer per- mit No. 63, as he has discontinued business on February 29, 1960, presented and read. Councilman Freund moved that the refund be granted and that the Auditor be instructed to issue a warrant payable to Anton Fort- mann in the amount of $50 to cover the amount due on the expired portion of beer permit No. 63. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of George C. Wester- camp requesting a $25 refund on the unexpired portion of cigarette license No. 178, as he has discon- tinued business on March 31, 1960, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war- rant payable to George C. Wester- camp in the amount of $25 to cov- er the amount due on the unexpir- ed portion of cigarette license No. 178. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of George C. Wester- camp requesting a $50 refund on the unexpired portion of Class B beer license No. 61, as he has dis- continued business on March 31, 1960, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war- rant payable to George C. Wester- camp in the amount of $50 to cover the amount due on the unexpired portion of beer license No. 81. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Anton Fortmann re- questing a $25 refund on the un- expired portion of cigazette license No. 218 as he has discontinued busi- ness on February 29, 1980, present- ed and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Anton Fortmann in the amount of $25 to cover the amount due on the unexpired por- tion of cigarette license No. 218. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Nona C. Cody request- ing a $25 refund on the unexpired portion of cigarette license No. 180, as she has discontinued business on March 13, 1960, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Nona C. Cody in the amount of $25 to cover the amount due on the unexpired por- tion of cigarette license No. 180. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Maurice E. Humke requesting a $100 refund on the unexpired portion of Class B beer license No. 118, as he bas dis- continued business on March 31, 1900, presented and read. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Maurice E. Humke requesting a $25 refund on the unexpired portion of cigarette lic- ense No. 301 as he has discontinued business on Mazch 31, 1960, pre- sented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a waz- rant payable to Maurice E. Humke in the amount of $100. to cover the the amount due on the unexpired portion of beer licence No. 118. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. ;k ~, I88 Regu]ar Session, April 4, 1960 Petition of Helen Schmit re- questing a $25 refund on the un- expired portion of cigarette license No. 170 as she has discontinued business on March 31, 1960, pre- sented and read. Councilman Freund moved that the refund be granted and the Auditor instruMed to issue a war- rant payable to Helen Schmit in the amount of $25 to cover the amount due on the unexpired por- tion of cigarette license No. 170. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Frevad, Schaller, Schreiber, Schueller. Naps-None. April 2, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted for your consideration is plat of Block 15 in Green Acres Subdivi- sion. This plat has been approved by the Planning and Zoning Commis- sion. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley Secretary Councilman Schreiber moved that the communication be received and filed. Seconded by Council- man Freund. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 62-60 Resolution approving the plat of the subdivision of Block Fifteen (15) in "Green Acres Subdivision" in the City of Dubuque, Iowa. Whereas, there has been filed with the City Clerk a plat of the Subdivision of Block Fifteen (15) in "Green Acres Subdivision" in the City of Dubuque, Iowa, by Reilly Realty, Inc.; and, Whereas, upon said plat appears streets and easements which the owner upon said plat has dedicated to the public forever; and, Whereas, said plat has been ex- amined by the City Council, and they find that the same conforms to the statutes and ordinances re- lating thereto, and that the grades have not been established or the streets graded, or the surfacing, sewer and water mains installed; Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1: That the dedication of Maplewood Court and Greenwood Court, together with easements for public utilities, as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of the Subdivision of Block Fifteen (15) in "Green Acres Subdivision" in the City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and City Clerk are here- by authorized and directed to en- dorse the approval of the City of Dubuque apoa said plat, provided the owner of said property, herein- after named, executes his written acceptance hereto attached, agree- ing: (a) To reduce Maplewood Court to grade as shown by the pro- files submitted with the plat; (b) To surface Maplewood Court and Greenwood Court as the same appear on said plat for a width of thirty feet from curb to curb with Class "A" concrete with integral curb and gutter, Type A" curb, Class " 2" pavement, all in accordance with the City of Dubuque Standard Specifica- tion for concrete streets; (c) To install watermains in ac- cordance with the plans sub- mitted with the plat; (d) To install storm and sanitary sewers in accordance with plans submitted with the pint; (e) To install sanitary sewer and water house laterals for each lot from the main to behind the curb line; (f) To construct sidewalks; (g) To construM the foregoing improvements in accordance with the plans and specifica- tions approved by the City Manager under the inspec- tion of the City Engineer and in the manner approved by the City Manager; (h) To maintain the street im- provements for a period of four years from the date of y d ~ '; i 'S k. Regulaz Session, April 4, 1960 189 their acceptance and to main- tain the sanitary sewer for a period of two years from the date of its acceptance; (i) To provide the foregoing con- struction and maintenance, all at the expense of Reilly Realty, Inc, as owner; (j) To construct said improve- ments prior to September 1, 1962; and further provided that ReBly Realty, Inc. as owner of said Sub- division secure the performance of the foregoing conditions by provid- ing security in such sum and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Reil- ly Realty, Inc. shall fail to execute the acceptance and provide the security provided for in Section 2 hereof within 45 days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and the approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 4th day of April, A.D., 1960. PETER J. TAKOS, Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREHfER Councilmen This is to certify that the secur- ity provided by the foregoing Reso- lution No. 62-60 has been provid- ed by the owner. Dated at Dubuque, Iowa, this 9th day of May, AA., 1960. LEO F. FROMMELT, Acting City Manager Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. ACCEPTANCE OF RESOLUTION NO. 620 Reilly Realty, Iac., being familiar with the terms and conditions of the foregoing Resolution No. 62- 60, hereby accepts the same and agrees to perform the conditions required of it therein. Dated this 9th day of May, A.D., 1960. By: WII.LIAM J. REII.LY Reilly Realty, Inc. March 29, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is subdivi- sion plat of Lot 1 of Subdivision of Mineral Lot 484, Lot 2 of Subdivision of Mineral Lot 484, Lot 1 of Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 483, Lot 2 of Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 483, Lot 3 of Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 483, Lot 4 of Subdivision of Lot 1 of Lat 1 of Lot 1 of Lot 2 of Mineral Lot 483, each being in the Southwest One- Quarter of Section 1, Township 88 North Range 2 East of 5th Princi- pal Meridian, being in Table Mound Township, Dubuque County, Iowa. This subdivision includes an area of ten acres and is the Table Mound School site located at Rockdale. This plat has been approved by the Planning & Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley Secretary Councilman Schueller moved that the communication be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Communication of Rintzinger & Kintzinger attorneys, submitting plat for Francis Connolly in Table Mound Township, presented and read. Councilman Schaller moved that the communication be received and filed. Seconded by Councilman '`~ 'i 9~~ ~,riF $$(( ~' #:k 190 Regular Session, April 4, 1960 Freund.. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 63-60 Resolution Approving Plat of Francis Connolly. Whereas there has been filed with the City Clerk a plat in which Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 483 in the South- west One-Quarter of Section 1, Township 88 North, Range 2 East of 5th Principal Meridian, being in Table Mound Township, Dubuque County, Iowa, is platted as Lot 1, Lot 2, Lot 3 and Lot 4, each of the Subdivision Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 483 in the Southwest One-Quarter of Section 1, Township 88 North, Range 2 East of 5th Principal Meridian, being in Table Mound Township, Dubuque County, Iowa. and, Whereas said plat has been ex- amined by the City Plan Commis- sion and had its approval endorsed thereon; and, Whereas said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the above de- scribed plat be and the sa-me is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of April, A.D. 1960. PETER J. TAKOS, Mayor GEORGE A. FREUND, LEO N. SCHiTF.r r F`R, LOUIS SCHALLER, JOHN P. SCHREHiER, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. March 17, 1980 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: Herewith submitted for your consideration is plat of A. H. Oeths Subdivision. This sub- division is located at the end of Adeline Street and is composed of seven lots around a turn around. This plat was approved by the Planning & Zoning Commission March 15, 1960. Respectfully submitted, The Dubuque Planning & Zoning Commission By Owen Riley Secretary Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueiler. Nays-None. March 17, 1960 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: As attorneys for Ar- thur and Mary J. Oeth, we herewith submit far your approval a plat of proposed "A. H. Oeth Place" in the City of Dubuque. This plat has been approved by the City Plan- ning and Zoning Commission and the City Engineer and the location of the utility easements has been approved by the three local utili- ties. For your convenience, we en- close a proposed Resolution for your adoption approving the plat. In order to provide an oppor- tunity to have sufficient time to construct dwellings on the lots without injuring the sidewalks, we request that the requirement for installation of sidewalks be de- ferred to November 1, 1902. Lots 1, 2, and 3 will receive their sewer service through an existing sanitary sewer on the backs of these lots and we, therefore, re- quest that the owners be relieved of any obligation to put sewer lat- erals for these three lots in the street. Regular Session, April 4, 1960 191 Lot No. 3 is presently served with water through an easement on the rear of the lot and will not require water service in the street. The enclosed proposed resolution is written in such a manner as to exempt the owner from providing these laterals and to defer the time for sidewalk construction to No- ~~ember 1, 1962. Respectfully submitted, Nelson, Klauer, Gilloon & Less By T. H. Nelson Councilman Schaller moved that the petition be granted. Seconded by Councilman Freund. Carried by the following vote: Yeas-Manor Takos. Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 64--60 Resolution Approving a Plaf of "A. H. Oefh Place" Whereas there has been filed with the City Clerk a plat in which Lot 9, "English Lane Subdivision" in the City of Dubuque, Iowa; and Lot 1 of Lot 1 of Mineral Lot 31 in the City of Dubuque, Iowa; and Lot 1 of Lot 7 of Mineral Lot 45 in the City of Dubuque, Iowa; and Lot 1 of Lot 8 in "M. Walters Ad- dition" asubdivision in the City of Dubuque, Iowa; and The triangular parcel of land lying east of Lot 8 of "M. Walters Ad- dition" and designated "Proposed Street Development" on the orig- inal plat of said Addition but reserving to the City of Dubuque an easement for sanitary sewer, all as set out in Ordinance No. 9-80, dated February 15, 1960, according to the recorded plat thereof, are platted as "A. H. Oeth Place in the City of Dubuque, Dubuque County, Iowa," by Arthur H. Oeth and Mary J. Oeth, as owners there- of and said plat has been examined by the City Plan Commission and had its approval endorsed thereon; and upon said plat appeazs a street to be known as "Adeline Street" and easements for public utilities which the owners upon said plat have dedicated to the public for- ever; and Whereas said plat has been found by the City Council to con- form to the Statutes and Ordi- nances relating thereto, except that the street has not been reduced to grade, or paving, sewer, water ser- vice or sidewalks installed therein; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Adeline Street together with the easements for public utilities, as the same appear upon said plat are hereby accepted; Section 2. That the plat of the subdivision of the first above de- scribed real estate, which will be hereafter known as "A. H. Oeth Place in the City of Dubuque, Du- buque County, Iowa," be and the same is hereby approved and the Mayor and City Clerk aze hereby authorized and directed to endorse the approval of the City of Du- buque, upon said plat, providing the owners of said property, here- inbefore named, execute their writ- ten acceptance hereto attached, agreeing: (a) To reduce Adeline Street to grade as shown ~by the pro- files submitted with the plat; (b) To surface Adeline Street, in- cluding the turn-azound, as the same appeazs upon said plat, for a width of 30 feet from curb face to curb face with six inch (6") rolled stone base, 2~/z" hot mixed, hot laid bituminous concrete surfac- ing, with concrete curb and gutter as shown in the City of Dubuque Standard Curb and Gutter Section; (c) To install concrete sidewalks on both sides of Adeline Street, in accordance with City of Dubuque Standard Specifications for permanent sidewalks; (d) To install watermain in ac- cordance with plans submit- ted with the plat; (e) To install storm and sanitary sewers in accordance with plans submitted with the plat; (f) To install sanitary sewer lat- erals for Lots 4, 5, 6 and 7 from the main to the street property line. (g) To install water house lat- erals for Lots 1, 2, 4, 5, 6 i and 7 from the main to be- hind the curb line; ~~ i 192 Regular Session, April 4, 1960 (h) To seal coat Adeline Street upon completion of the sur- facing; (i) To construct the foregoing improvements in accordance with plans and specifications approved by the City Man- ager and under the inspec- tion of the City Engineer; (j) To maintain the street and sidewalk improvements for a period of four (4) years from the date of their acceptance and to maintain the sanitary sewer and water mains for a period of two years from the date of its acceptance; (k) To provide the foregoing construction and maintenance at the expense of the own- ers; (1) To construct all of said im- provements, except the side- walks, prior to November 1, 1961 and to construct the sidewalks prior to November 1, 1962; and further provided that Arthur H. Oeth and Mary J. Oeth, as own- ers of said Subdivision, secure the performance of the Foregoing con- ditions by providing security in such sum and with such sureties as may be acceptable to the City Manager; Section 3. That in the event the said Arthur H. Oeth and Mary J. Oeth shall fail to execute the ac- ceptance and provide the security provided for in Section 2 hereof within fortyfive (45) days from the date of this Resolution the provisions hereof shall be null and void and the acceptance of dedica- tion and approval of the plat shall not be effective. Passed, adopted and approved this 4th day of April A.D. 1960, by unanimous roll call vote. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCrrrn. r r FR LOUIS SCHALLER JOHN P. SCrnxFruFR Councilmen Attest: LEO F. FROMMELT City Clerk To Leo F. Frommelt, City Clerk: This fs to certify that the secur- ity required by the foregoing Reso- lotion No. 6460 has been provided by the owners. LEO F. FROMMELT Acting City Manager Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas -Mayor Takos, Coun~il- men Freund, Schaller, Schreiber, Schueller. Nays-None. ACCEPTANCE OF RESOLUTION NO. 64.60 Arthur H. Oeth and Mary J. Oeth, having read the terms and conditions of the foregoing Reso- lution No. 6460, and being fa- miliar with the contents thereof, hereby accept the same and agree to perform the conditions required therein. ARTHUR H. OETH MARY J. OETH Dated: April 19, 1960. February 29, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is plat of Sunrise Heights. This subdivision is located north of Kane Street between An- drew Court and North Grandview Avenue extension and is owned by Andrew Richard. This subdivision was approved by the Planning & Zoning Commis- sion February 24, 1960. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. RESOLUTION NO. 65.60 A Resolution Approving the PIaT of "Sunrise Heights" WHEREAS, there has been filed with the City Clerk a Plat in which Lot 1 of Lot 30, of Richard's Sub- division; of the Subdivision of Lot 1 of Lot 2 of Lot 2 of Lot 1 of Mineral Lot 351; of the Subdivision of Lot 1 of Lot 2, of Lot 1 of Lot F ~~ 1 Regular Session, April 4, 1960 193 1 of Lot 1 of Mineral Lot 351; and of the Subdivision of Lot 1, of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 351, in the City of Dubuque, Iowa, are platted as Block 1, Block 2, Lot 1 of Block 3, Lot 1 of Block 4, Lot 1 of Block 5, Lot 1 of Block 6, and Block 7 of "Sunrise Heights"; by Andrew J. Richard and Marie Richard, as owners thereof, and said Plat has been examined by the City Plan- ning Commission and had its ap- '. proval endorsed thereon; that on said Plat appears streets to be known as Boyer Street, Hefel Court and Linda Court, and ease- ments for public utilities which the owners upon said Plat have dedicated to the public forever; and WHEREAS, said Plat has been found by the City Council to con- form to the Statutes and Ordi- nances relating thereto, except that the street has not been re- duced to grade or paving, or side- walks installed therein; WHEREAS, the sanitazy sewer and water main has been installed; and WHEREAS, said Plat has been found by the City CounMl to con- form to the City Statutes and Or- dinances relating thereto, except that the streets have not been re- duced to grade or paving or side- walks installed therein; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCII. OF THE CTTY OF DUBUQUE, IOWA: Section 1. That the dedication of Boyer Street, Hefel Court and Linda Court, together with the easements for public utilities as the same appear upon said Plat be and the same are hereby ac- cepted. Section Z. That the Plat of Lot 1 of Lot 30 of Richard's Subdivi- sion; of the Subdivlsion of Lot 1 of Lot 2 of Lot 2, Lot 1 of Mineral Lot 351; of the Subdivision of Lot 1 of Lot 2, of Lot 1 of Lot 1, of Lot 1, of Lot 1 of Mineral Lot 351; and of the Subdivision of Lot 1 of Lot 2, of Lot 1, of Lot 1, of Lot 1, of Lot 2 of Mineral Lot 351 in the City of Dubuque, Iowa, which will hereafter be known as Block 1, Block 2, Lot 1 of Block 3, Lot 1 of Block 4, Lot 1 of Block 5, Lot 1 of Block 8, and Block 7 of "Sunrise Heights" in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby ap- proved, and the Mayor and Clerk are hereby authorized and direMed to endorse the approval of the City of Dubuque, Iowa, upon said Plat, providing the owners of said property, hereinbefore named, ex- ecutes its written acceptance here- to attached, agreeing: (a) To reduce Boyer Street, Hef- el Court, and Linda Court to grade as shown by the pro- files submitted with the Plat; (b) To surface Boyer Street, Hef- el Court and Linda Court as the same appears upon said Plat for a width of thirty (30) feet from curb face to curb face with six-inch rolled stone base, two and one•half inch (2~z) hot mixed, hot laid, bituminous concrete surfacing, with concrete curb and gutter, as shown in the City of Dubuque Standard Curb and Gutter Section; (c) To install concrete sidewalks on both sides of Boyer Street, Hefel Court and Linda Court, in accordance with the City of Dubuque Standard Speci- fications for Permanent side- walks; (d) To install water house lat- erals for Block 1, Block 2, Lot 1 of Block 3, Lot 1 of Block 4, Lot 1 of Block 5, Lot 1 of Block 8, Block 7 of "Sunrise Heights;" (e) To install sewer house lat- erals for Block 1, Block 2, Lot 1 of Block 3, Lot 1 of Block 4, Lot 1 of Block 5, Lot 1 of Block 6, Block 7 "of Sunrise Heights"; (f) To seal coat at Boyer Street, Hefel Court and Linda Court upon completion of the sur- facing; (g) To construct the foregoing improvements in accordance with plans and specifications approved by the City Manag- er and under the inspection of the City Engineer; (h) To maintain the street im- provements for a period of four (4) yeazs from the date of their acceptance; 194 Regulaz Session, April 4, 1960 (i) To provide the foregoing construction and maintenance at the expense of the owners; (j) To construct all of said im- provements, except the side- walks, prior to November 1, 1961, and to construct side walks prior to November 1, 1962; and further provided that Andrew J. Richard and Marie Richard, as owners of such Subdivision, se- cure the performance of the fore- going conditions by providing se- curity and with such sureties as may be acceptable to the City Man- ager. Section 3. That in the event that the said Andrew J. Richard and Marie Richard shall fail to execute the acceptance and provide the surety provided for in Section 2 hereof within forty-five (45) days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of dedication and approval of the Plat shall not be effective. Passed, adopted and approved this 4th day of April, A.D., 1960 by unanimous roll call vote. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCfII7Er.r.FR LOUIS SCHALLER JOHN P. SCHREDIER Councilmen Attest: LEO F. FAOMMELT City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the se- curity required by the foregoing Resolution No. 65-60 has been pro- vided by the owners. LEO F. FROMMELT Acting City Manager Councilman Freund moved the adoption of the resolution. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. ACCEPTANCE OF RESOLUTION NO. 65.60 Andrew J. Richazd and Mazie Richard, having read the term and conditions of the foregoing Reso- lotion No. 65-60, and being fa- miliar with the contents thereof, hereby accept the same and agree to perform the conditions required therein. ANDREW J. RICHARD MARIE RICHARD DATED: April 8, 1960. March 17, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is plat of Blocks 6, 7, 8, 9 and 10 Marycrest Subdivi- sion. This property is located south of Kane Street and west of North Grandview Avenue. The plat was approved by the Planning & Zon- ing Commission March 15, 1960. Respectfully submitted, The Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Freund moved that the communication be received and filed. Seconded by Council- man Schaller. Cazried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 6660 Resolution approving the Plat of Blocks 6, 7, 8, 9 and 10 of Mary- crest Subdivision. Whereas, there has been filed with the City Clerk a Plat in which Lot 1 of Lot 1 of Lot 1 of Lot 2 of Willy Place in the City of Du- buque, Iowa, is platted as Blocks 6, 7, 8, 9 and 10 of Marycrest Subdivision in the City of Dubuque by George Saffron, single and un- married, as owner thereof and said plat has been examined by the City Plan Commission and ap- proved; and upon said plat appear streets known as Altura Drive, Cerro Drive, Mesa Drive and Corto Drive and also easements for pub- lic utilities which the owner upon said plat has dedicated to the public foreover; and Whereas said plat has been found by the City Council to con- form to the Statutes and Ordi- nances relating thereto, except the streets have not been reduced to grade or paving, sewer or water services or sidewalks installed therein; r~r ~' a i > i I i ~~ ',:, 1 4 p Regular Session, Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Altura Drive, Cerro Drive, Mesa Drive and Corto Drive, together with easements for public utilities, as the same appear upon said plat, are hereby accepted. Section 2. That the plat of the subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Willy Place in the City of Dubuque, Iowa, which will be hereafter known as Blocks 6, 7, 8, 9 and 10 of Marycrest Sub- division in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Du- buque upon said plat, provided the owner of said property, hereinbe- fore named, executes his written acceptance hereto attached, agree- ing: a. To reduce Altura Drive, Cerro Drive, Mesa Drive and Corto Drive to grade as shown by the profiles submitted with the plat; b. To surface Altura Drive, Cer- ro Drive, Mesa Drive and Corto Drive for a width of 30 feet from curb face to curb face with six inch rolled stone base, 2~fe inch hot mixed, hot laid bituminous concrete surfacing, with concrete curb and gutter as shown in City of Dubuque Standard Curb and Gutter Section, or at the option of the owner with concrete paving with integral curb and gutter for a width of 30 feet face to face of curbs according to City of Du- buque Standards; c. To install concrete sidewalks on both sides of the above streets, adjacent to the lots shown on the said plat in accordance with City of Dubuque Standard Spe~ifica- tions for Permanent Sidewalks; d. To install water mains in ac- cordance with plans submitted with the plat; e. To install sanitary sewers in accordance with plans submitted with the plat; f. To install sanitary sewer and water house laterals from the mains to behind the curb lines; g. To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager and under 4, 1960 195 the inspection of the City Engi- neer; h. To maintain the street im- provements for a period of four years from the date of their ac- ceptance and to maintain the san- itary sewers for a period of two years from the date of their ac- ceptance; i. To provide the foregoing con- struction and maintenance at the expense of the owner; j. To construct said improve- ments prior to November 1, 1961; and further provided that George Saffron, as owner of said Subdi- vision secure the performance of the foregoing conditions by pro- viding security in such sum and with such sureties as may be ac- ceptable to the City Manager; Section 3. That in the event the said George Saffron shall fail to execute the acceptance and pro- vide the security provided for in Section 2 hereof within 45 days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and the approval of the plat shall not be effective. Passed, adopted and approved by unanimous roll call vote this 4th day of April, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHRED3ER Councilmen Attest: LEO F. FROMMELT City Clerk To Leo F. Frommelt, City Clerk This is to certify that the secur- ity required by the foregoing Res- olution No. 66-60 has been pro- vided by the owner. Dubuque, Iowa. April 14, 1960. Leo F. Frommelt Acting City Manager Councilman Freund moved the adoption of the resolution. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. ACCEPTANCE OF RESOLUTION NO. 6660 I, George Saffron, having read the terms and conditions of the 196 Regular Session, April 4, 1960 foregoing Resolution No. 66-60 and being familiar with the contents thereof, hereby accept the same and agree to perform the condi- tions required therein. George Saffron Proof of Publication, certified to by the Publisher, of notice of pen- dency of Necessity for public im- provements and hearing upon pro- posed plans and specifications, form of contract and cost of im- provements for the construction of an 8" sanitary sewer in Valley Street and Riker Street, presented and read. Councilman Freund moved that the proof of publica- tion be received and filed. Second- ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. (Necessity for Improvement) RESOLUTION N0. 52.60 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 5. In each case the amount there of which is estimated to be assessed against each lot, for the construc- tion of an eight inch (8") sanitary sewer in Valley Street and Riker street from the existing sanitary sewer in Quinn Street thence southerly through Lot No. 1 of 29 of Oak Grove Addition to Valley Street; thence southerly in Valley street to Lot No. 1-1-1-15 310'-1 of the subdivision of Lot No. 14 & 15 of Oak Grove Additlon; and in Riker street from the intersection of Valley and Riker Street thence westerly in Riker street to the terminus of Riker street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjaceht thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of March, 1960. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 4th day of April 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT 'I City Clerk ;' f Y ,'i ~# Regular Session, April 4, 1960 197 Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improvements. RESOLUTION NO. 67.60 WHEREAS, proposed plans and specifications and form of contract for the construction of an eight inch (8") sanitary sewer in Valley Street and Riker Street from the existing sanitary sewer in Quinn Street thence southerly through Lot No. 1 of 29 of Oak Grove Addi- tion to Valley Street; thence south- erly in Valley Street to Lot No. 1- 1-1-1-5. 310'-1 of the Subdivision of Lot No. 14 & 15 of Oak Grove Ad- dition; and in Riker Street from the intersection of Valley Street and Riker Street thence westerly in Riker Street to the terminus of Riker Street, have been approved by the City Council of the City of Dubuque and public notice giv- en as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of April, 1960; and WHEREAS, the City Council met in regular session this 4th day of April, 1960, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parries have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 4th day of April, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCH?~F.R JOHN P. SCHREIIiER Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Takos moved the adop- tion of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 1 e r, Schreiber, Schueller. Nays-None. (Ordering Construction) RESOLUTION NO. 68.60 BE 1T RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 52-60 which was duly passed by this Council, for the construction of an eight inch (8") sanitary sewer in Valley street and Riker Street from the existing sanitary sewer in Quinn Street thence southerly through Lot No. 1 of 29 of Oak Grove Addition to Valley Street; thence southerly in Valley street to Lot No. 1-1-1-S, 310' of 1 of the Subdivision of Lot No. 14 & 15 of Oak Grove Ad- dition; and in Riker street from the intersection of Valley street and Riker street thence westerly in Riker street to the terminus of Riker street, be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed by this Coun- cil upon its own motion and with or without the petition of prop- 198 Regulaz Session, April 4, 1960 erty owners. All the work shall be cronstructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds or with sewer bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. BE TT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be completed on or before 30 calen- dar days after to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of April, 1960. PETER J. TAIfOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIliER Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Takos moved the adop- tion of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. March 29, 1960 Leo F. Frommelt, Acting City Mgr. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition for Annexation by Resolution by Hillcrest Builders Inc. referred to the Planning and Zoning Commission for investiga- tion and report has been consid- ered by the Commission. The City Solicitor was asked for an opinion on the zoning aspect of this request and a copy of same is attached hereto and is self ex- planatory and we are returning the petition herewith as the City Solicitors opinion prohibits posi- tive action in this area. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Freund moved that the communication be referred to the Council for further considera- tion. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. March 22, 1960 Mr. Owen Riley, Chairman, Dubuque Planning and Zoning Commission, Dubuque, Iowa Dear Mr. Riley: On March 7, 1960 there was filed an Application for Annexa- tion by resolution by Hillcrest Builders, Incorporated and other property owners applying to the City that a certain area containing approximately 126 acres be an- nexed to the City of Dubuque, Iowa by Resolution pursuant to Section 362.30 Code of Iowa, 1958. The Application for annexation was submitted to the City on con- dition, among other things, that the City of Dubuque upon annexa- tion of the aforesaid territory zone the same in certain classifications. The application for annexation was referred to your body by the City Council on March 7, 1960 for investigation and report and there- after you requested that I give you a legal opinion regarding this ap- plication. ~* ~' r" Regular Session, April 4, 1960 199 Having reviewed the pertinent legal authority, it is my opinion that the City of Dubuque does not have the legal authority to enact zoning regulations nor to establish zoning districts beyond the corpo- rate limits of the City of Dubuque, Iowa, and therefore, any recom- mendation you may make to the City Council of the City of Du- buque, Iowa must be made in the light of this. Were the City of Dubuque, Iowa to annex this territory upon the condition set forth in the Applica- tion pertaining to the zoning clas- sifications, the City would in ef- fect be in violation of Article 15, Section 1 of Zoning Ordinance No. 3-34. Respectfully submitted R. N. Russo City Attorney March 29, 1960 Leo F. Frommelt, Acting City Manager To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- sion has received several requests for recommendations as to Zoning certain areas outside but adjacent to the present city limits. The lat- est request has been in regard to subdivision plans of Key Knolls developed by Hillcrest Builders Inc. We do not have the power under present statutes to zone areas out- side the city limits. However prop- er planning for orderly develop- ment is very important. The plan as submitted by Hill- crest Builders described three zon- ing classifications, single family, multiple family and business dis- trict. The single family area as de- scribed is very acceptable. The plan for the multiple area is feas- ible and could establish a buffer zone for a business area. The area proposed for business use appears to be of considerable size. However the size needed depends upon the layout of proposed uses, the zon- ing of business areas at random is not the solution to the problem of establishing a good business area. We therefore reserve our opinion at this time in determining the size and classification of any busi- ness area. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Freund moved that the communication be referred to the Council for further considera- tion. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Hillcrest Builders Inc. submit- ting an Amendment to Application for annexation by resolution, changing the 2nd condition there- of relating to zoning, presented and read. Council Freund moved that the amendment be referred to the Council for further consid- eration. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 2, 1960 Leo F. Frommelt, Acting City Manager To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is plat of Blocks 1 to 11 inclusive of Key Knolls. This subdivision is located on Pennsyl- vania Avenue just outside the pres- ent City Limits. This plat has been approved by the Planning and Zoning Commis- sion. Respectfully submitted Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Freund moved that the communication be received and filed. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. 2A0 Regular Session, April 4, 1960 RESOLUTION NO. 69fi0 RESOLUTION Approving Plat of Key Knolls Subdivision. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of the Southwest Quarter of the Southeast Quarter of Sec- tion 21, Township 89 North, Range 2 East of the 5th P.M. is platted as Blocks 1, 2, 3, 4, 5, 6, and 7 in "Key Knolls Subdivision" in Du- buque Township, Dubuque County, Iowa, and, WHEREAS said plat has been examined by the City Plan Com- mission end had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they aze hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of April A.D., 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCIiAr-TFit JOHN P. SCIIREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 70.60 Preliminary approval of plans, specifications, form of contract, plat and all other documents for 1960 City of Dubuque Grading project No. 1 or Project No. 1- Alternate No. 1, North Grandview Avenue Extension from the sta- tion 30100 to station 39-50 which is the south property line of Kauf- mann Ave., at an estimated cost of rock excavated $28,562.00 and rock crushed $37,843.00, presented and read. Councilman Schueller moved that the resolution was adopted. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. (Necessity for ImprovemenT) RESOLUTION NO. 71.60 WHEREAS, proposed plans, specifications, form of contract, and plat have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improve- ment. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 1960 City of Dubuque Grading Project No. 1 or Project No. 1- Alternate No. 1. North Grandview Sxtension from the Station 30100 to Station 39+50 which is the south property line of Kaufmann Ave. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement. Said improvement shall be con- structed and done in accordance with the plans and specifications wihch have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the street improvement funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 4th day of April, 1960. Regular Session, Apri] 4, 1960 ?Al Approved and placed on file for final action. Approved: PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHRED3ER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the approval of the resolution. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. (Fixing date of hearing) RESOLUTION NO. 72.60 ~. a WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 70-60 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the 1900 City of Dubuque Grading Project No. 1 or Project No. 1, Alternate No. 1, North Grandview Avenue Ex- tension from the Station 30+00 to Station 39150 which is the south property line of Kaufmann Ave. WHF.RF.AC, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, than two (2) nor more than four (4) weeks prior to the day fixed for its consideration, at which hearing the Council will hear such objec- tions and enter on record its final decision. thereon. Passed, adopted and approved this 4th day of April, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Otto Donath request- ing investigation of an easement secured from Max Jenk which would permit a drainage basin to run through lots 543 and 544 in Lenox Addition, presented and read. Mayor Takos moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. Petition of Joseph H. Bradley objecting to the proposed location of a storm sewer through his prop- erty, presented and read. Mayor Takos moved that the petition be referred to the Council to view the grounds. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. Mr. Harold Kronfeldt of 2530 Elm street addressed the Council by objecting to the condition of the Bleilie property. The matter was referred to the Health depart- ment to see what could be done about it. BE IT THEREFORE RESOLVED that on the 2nd day of May, 1960, a public herring will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract, to the cost of the improvement, and to the passage of the proposed Res- olution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- . lished in the City of Dubuque, the last of which shall be not less 202 Regular Session, April 4, 1960 March 30, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No. 1 to 8 inclusive showing a schedule of the proposed valua- tions and proposed assessments for the City of Dubuque 1960 Con- crete Curb and Gutter Project No. 1, Bid Section I and II. Submitted April 4, 1960. JOHN L. WHITE City Engineer Mayor Takos moved that the communication be received and made a matter of record. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 73b0 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 8 inclusive, aze hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1960 Concrete Curb and Gutter Project No. 1, and the valuation set out therein aze hereby approved. Adopted this 4th day of April, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCITTTFT.I.FR LOUIS SC1iA1•iFR JOHN P. SCIIREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 740 Preliminary estimate and ap- proval of proposed plans, specifi- cations, form of contract, plat and schedule and all other documents for the construction of the City of Dubuque 1960 Concrete Curb & Gutter project No. 1, at an es- timated cost of $31,367.87, on the following portions of the follow- ing named streets; 1. Saunders Street from the S. P.L. of West 32nd Street to the existing curb and gutter and wid- ening of existing street. 2. Filmore street from W.P.L. of Adair St. to the E.P.L. of Grand- view Ave. 3. Lindale St. from the W.P.L. of Carter Road west to existing curb and gutter W.P.L. of Lot 1-1-1-1-1-1-2-31 Highland Park Add. 4. Burlington street from exist- ing curb and gutter at the S.P.L. of Lot 79 McDaniels Pazk Hill to the W.P.L. of Muscatine street. 5. Robin street from W.P.L. of English Lane to the west end of street. 8. Greenfield St. from the N.P.L. of Kaufman Ave. to the north end of street. 7. Merfeld Lane from the E.P.L. of Floraview to the W.P.L. of Bunker Hill Road, presented and read. Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schaller. Caz- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. (Necessity for ImprovemenT) RESOLUTION NO. 75fi0 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Du- buque and are now on file in the office of the City Clerk showing among other things the following: 1. Assessment limits. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque 1960 concrete curb & gutter project No. 1. 1. Saunders Street from the S. P.L. of West 32nd St. to the exist- €` Session, April 4, 19(10 203 ing curb and gutter and widening of existing street. 2. Filmore Street from the W.P. L. of Adair St. to the E.P.L. of Grandview Ave. 3. Linadle St. from the W.P.L. of Carter Road west to existing curb and gutter-west property line of Lotl-1-1-1-1-1-2-31 Highland Park Add. 4. Burlington Street from exist- ing curb and gutter at the S.P.L. of Lot 79 McDaniels Park Hill to the W.P.L. of Muscatine St. 5. Robin Street from W.P.L. of English Lane to the west end of street. 6. Greenfield St. from the N.P.L. of Kaufman Ave. to the north end of street. 7. Merfeld Lane from the E.P.L. of Floraview to the W.P.L. of Bun- ker Hill Road. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop• erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to azea and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street funds or Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 4th day of April, 1960. Approved and placed on file for final action. Approved: PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCIL T9_ TFtt. JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the approval of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. (Fixing date of hearing) RESOLUTION NO. 76.60 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 74-60 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1960 concrete curb & gutter project No. 1. 1. Saunders Street from the S.P. L. of West 32nd St. to the existing curb and gutter and widening of existing street. 2. Filmore Street from the W. P.L, of Adair St. to the E.P.L. of Grandview Ave. 3. Lindale St. from the W.P.L. of Carter Road west to existing curb and gutter-west property line of Lot 1-1-1-1-1-1-2-31 Iighland Park Add. 4. Burlington Street from exist- ing curb and gutter at the S.P.L. of Lot 79 McDaniels Park Hill to the W.P.L. of Muscatine St. 5. Robin Street from W.P.L, of English Lane to the west end of street. 6. Greenfield St. from the N.P.L. of Kaufman Ave. to the north end of street. 204 Regular Session, April 4, 1960 7. Merfeld Lane from the E.P.L. of Floraview to the W.P.L. of Bunker Hill Road, and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of May, 1960, a public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of April, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCIHTET.f.ER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Mazch 30, 1900 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No. 1 to 4 inclusive show- ing aschedule of the proposed val- uations and proposed assessments for the City of Dubuque 1960 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1. Submitted April 4, 1960. JOHN L. WHITE City Engineer Mayor Takos moved that the communication be received and made a matter of record. Seconded by Councilman Freund. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. RESOLUTION NO. 77.60 BE TT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 4 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1960 Hot Mix- Hot Laid Asphaltic Concrete Pav- ing Project No. 1, and the valua- tion set out therein are hereby ap- proved. Adopted this 4th day of April, 1980. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIIiER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Freund. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. (Necessity for Improvement) RESOLUTION NO. 78x0 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque Regular Session, April 4, 1960 205 and are now on file in the office of the City Clerk showing among other things the following: 1. Assessment limits. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. ', 6. In each case the amount thereof which is estimated to be _ assessed against each lot, for the City of Dubuque 1960 Hot Mix- Hoi Laid Asphaltic Concrete Paving Project No. 1 Section 1 1. Alley between Iowa and Main Streets from north property line of 11th street to the south prop- erty line of 13th Street. 2. Alley between Iowa and Cen- tral from south property line of 14th Street to the north property line of 13th Street. 3. Grandview Avenue Extension from the north property line of ' Ungs Street Sta. 0+00 to Sta. j 46+50 the north property line of ' Lot 1-11 Mineral Lot 337. Section 2. 1. Grandview Avenue Extension - from Sta. 46+50 to the north property line of Lot 1-1-1 Mineral Lot 337 to Sta. 52169 the south property line of Kane Street Ex- tension, "'i- BE IT THEREFORE RESOLVED that the City Council on its own ;;_ motion or upon petition of prop- erty owners, deems it advisable ~ and necessary for the public wel- Av.;• fare to make the herein mentioned improvement, and unless property owners at the time of the final - consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the. proposed assessments, they [ ~- shall be deemed to have waived all objections thereto. ?{ Said improvement shall be con- strutted and done in accordance with the plans and specifications which have been prepared there- ~ ~ for by the City Engineer which have been approved by the City Council and are now on file with the City C1erk.That the cost and `!` expense of making said improve- a; ment will be assessed upon and ) against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Street funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contraM has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- doted, approved and o r d e r e d placed on file with the City Clerk this 4th day of April, 1960. Approved and placed on file for final action. Approved: PETER J. TAKOS, Mayor. GEORGE A. FREUND, LEO N. SCTTT1F.f.T FR, LOUIS SCHAT.T FR JOHN P. SCHREIIiER, Councilmen. Councilman Freund moved the approval of the resolution. Second- ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Attest: LEO F. FROMMELT, City Clerk. (Fixing date of hearing) RESOLUTION NO. 79.60 WHEREAS, the City Council of the City of Dubuque, has by Beso- lotion No. 77-60 given its prelim- inary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Cify of Dubuque 1960 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1. Section I. 1. Alley Between Iowa & Main Streets from North Property Line of 11th Street to the South Prop- erty Line of 13th Street. _, 34 ~.)Es 206 Session, April 4, 1960 2. Alley between Iowa & Central from South Property Line of Loras Boulevard to the North Property Line of 13th Street. 3. Grandview Avenue Extension from the North Property Line of Ungs Street Station 0 t 00 to Station 46-I-50 the North Prop- erty Line of Lot 1 of Lot 1 of Lot 1 Mineral Lot 337. Section II. 1. Grandview Avenue Extension from Station 46 ~- 50 the North Property Line of Lot 1 of Lot 1 of Lot 1 Mineral Lot 337 to Sta- tion 52 -1- 69 the South Property Line of Kane Street Extension. and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of May 1960, a public hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundazies of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Nec- essity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published, in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of April, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N.SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Freund. Caz- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. March 31, 1960 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached sheets No. 1 to 24 inclusive show- ing a schedule of the proposed valuations and proposed assess- ments for the City of Dubuque 1960 Bituminous Concrete Surfac- ing Project No. 1. Submitted 4 April, 1960. JOHN L. WHITE City Engineer Councilman Freund moved that the communication be received and filed and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schueller. Nays-None. Councilman Schreiber not vot- ing. RESOLUTION NO. 80.60 BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached sheets No. 1 to 24 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1960 Bitumin- ous Concrete Surfacing Project No. 1, and the valuation set out therein are hereby approved. Adopted this 4th day of April, 1980. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER Councilmen Attest: LEO F. FItOMMELT City Clerk Regular Session, Aprii 4, 1960 207 I Mayor Takos moved the adoption I of the resolutiory. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councihnen Freund, Schaller, Schueller. Councilman Schreiber not vot- ing. Nays-None. RESOLUTION NO. 81.60 Preliminary estimate and ap- ~~. proval of plans, specifications, form of contract, plat and schedule, i and all other documents for the construction of City of Dubuque 1960 Bituminous Concrete Paving f Project No. 1, at an estimated cost of $110,985.55, on the following portions of the following named streets; Proposed Cify of Dubuque 1960 Bituminous Concrete Paving Project No. 1 Section 1. 1. Burlington Street from South ~ Property Line of Primrose Street to West Property Line of Musca- tine Street. 2. Saunders Street from East Prop- erty Line of Lot 8 Block 8 of Green Acres Subdivision to West 32nd Street. 3. Filmore Street from West Prop- erty Line of Adair Street to East Property Line of North r Grandview Avenue. 4. Green Street from West Proper- ty Line of Bunker Hill Street to North Property Line of Penn- sylvania Avenue. ~ 5. Pennsylvania Avenue from East Property Line of Lot 1 of E. ~/a of Lot 2 of Lot 1 of Lot 2 of John P. Mettel's Sub. to West Property Line of Bristol Lane. 6. Lincoln Avenue from West Prop- .. erty Line of Hamilton Street to West Property Line of Rhom- berg Avenue. 7. Blinois Avenue from West Prop- erty Line of Drexel Avenue to the North Property Line of Penn- - Sylvania Avenue. S. Ohio Avenue from South Prop- erty Line of Pennsylvania Aven- ue to North Property Line of IIH- ' nois Avenue. 9. Cooper Place from West Prop- erty Line of Raymond Place to East Property Line of Gilmore Street: 10. St. Anne Drive from East Prop- erty Line of Chaney Road to West Property Line of Flora Park. 11. Robin Street from West Prop- erty Line of English Lane to West End of Street. 12. Merfeld Lane from East Prop- erty Line of Flora View Drive to the West Property Line of Bun- ker Hill Street. 13. Greenfield Street from North Property Line of Kaufmann Av- enue to the North End of Street. 14. Kane Street from West Prop- erty Line of Lot 1 or Lot 2 of Lot 1 of Olds Place to East Prop- erty Line of Lot 2 of Lot 2 of Mineral Lot 349. 15. Raymond Place from South Property Line of Maiden Lane to North Property Line of Fenlon Place. 16. State Street from South Prop- trty Line of Curtis Street to the North Property Line of Grand- view Avenue. Section II 1. Parking Lot--Central Avenue be- tween 12th & 13th Streets. 2. Parking Lot -Bluff Street at 11th Street. presented and read. Mayor Takos moved the adoption of the reso- lution. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schueller. Councilman Schreiber not vot- ing. Nays-None. (Necessity for Improvement) RESOLUTION NO. 82.60 WHEREAS, proposed plan s specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among ~i other things the following: 1. Assessment Limits. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof whic his estimated to be assessed against each lot for the n ~4 ._. 208 Regular Session, April 4, 1980 Proposed City of Dubu9w 1960 Bituminous Concrete Paving Project No. 1 Section I. 1. Burlington Street from South Property Line of Primrose Street to West Property Line of Muscatine Street. 2. Saunders Street from East Prop- erty Line of Lot 8 Block 8 of Green Acres Subdivision to West 32nd Street. 3. Filmore Street from West Prop- erty Line of Adair Street to East Property Line of North Grandview Avenue. 4. Green Street from West Prop- erty Line of Bunker Hill Street to North Property Line of Penn- sylvania Avenue. 5. Pennsylvania Avenue from East Property Line of Lot 1 of E. 'Fz of Lot 2 of Lot 1 of Lot 2 of John P. Mettel's Sub. to West Property Line of Bristol Lane. 6. Lincoln Avenue from West Property Line of Hamilton Street to West Property Liae of Rhomberg Avenue. 7. Illinois Avenue from West Property Line of Drexel Avenue to the North Property Line of Pennsylvania Avenue. B. Ohio Avenue from South Prop- erty Line of Pennsylvania Av- enue to North Property Line of Illinois Avenue. 9. Cooper Place from West Prop- erty Line of Raymond Place to East Property Line of Gilmore Street. 10. St. Anne Drive from East Prop- erty Line of Chaney Road to West Property Line of Flora Park. 11. Robin Street from West Prop- erty Line of English Lane to West End of Street. 12. Merfeld Lane from East Prop- erty Line of Flora View Drive to the West Property Line of Bunker HiII Street. 13. Greenfield Street from North Property Line of Kaufmann Av- enue to the north end of Street. 14. Kane Street from West Proper- ty Line of Lot 1 of Lot 2 of Lot 1 of Olds Place to East Prop- erty Line of Lot 2 of Lot 2 of Lot 2 of Mineral Lot 349. 15. Raymond Place from South Property Line of Maiden Lane to North Property Line of Fenelon Place. 16. State Street from South Prop- erty Line of Curtis Street to the North Prope}~ty Line of Grandview Avenue. SecTion II 1. Parking Lot -Central Avenue between 12th and 13th Streets. 2. Parking Lot - Bluff Street at 11th Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent, thereto according to area and in proportion to the special benefits conferred there- by, and any deficiency shall be paid out of the street and parking meter funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and aceepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. 'rhe above resolution was intro- dneed, approved and ordered placed on file with the City Clerk this 4th day of April, 1900. Regular Session, April 4, 1960 209 Approved and placed on file for final action. Approved i ~' PETER J. TAKOS 1 "' Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER ~~. Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the approval of the resolution. Second- ed by Councilman Schaller. Car- ~ ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, S c h a 11 a r, Schueller. Councilman Schreiber not vot- ing. Nays-None. (Fixing date of hearing) RESOLUTION NO. 8340 WHEREAS, the City Council of the City of Dubuque, Iowa, has by ~ Resolution No. 81-60 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for - public inspection, for the Proposed City of Dubuque 1960 Bituminous Concrete Paving Project No. 1. SecTion I 1. Burlington Street from South Property Line of Primrose Street to West Property Line of Muscatine Street. 2. Saunders Street from East Property Line of Lot 8 Block 8 of Green Acres Subdivision to West 32nd Street. 3. Filmore Street from West Prop- erty Line of Adair Street to East Property Line of North Grandview Avenue. 4. Green Street from West Prop- erty Line of Bunker Hill Street to North Property Line of Penn- sylvania Avenue. 5. Pennsylvania Avenue from East Property Line of Lot 1 of E. 'Fz of Lot 2 of Lot 1 of Lot 2 of ` John P. Mettel's Sub. to West Property Line of Bristol Lane. 6. Lincoln Avenue from West Property Line of Hamilton Street to West Property Line of Rhomberg Avenue. 7. Illinois Avenue from West Property Line of Drexel Avenue to the North Property Line of Pennsylvania Avenue. 8. Ohio Avenue from South Property Line of Pennsylvania Avenue to North Property Line of Illinois Avenue. 9. Cooper Place from West Prop- erty Line of Raymond Place to East Property Line of Gilmore Street. 10. St. Anne Drive from East Prop- erty Line of Chaney Road to West Property Line of Flora Park. 11. Robin Street from West Prop- erty Line of English Lane to West End of Street. 12. Merfeld Lane from East Prop- erty Line of Flora View Drive to the West Property Line of Bunker Hill Street. 13. Greenfield Street from North Property Line of Kaufmann Av- enue to the North End of Street. 14. Kane Street from West Prop- erty Line of Lot 1 of Lot 2 of Lot 1 of Olds Place to East Property Line of Lot 2 of Lot 2 of Mineral Lot 349. 15. Raymond Place from South Property Line of Maiden Lane to North Property Line of Fenelon Place. 18. State Street from South Prop- erty Line of Curtis Street to the North Property Line of Grand- view Avenue. Section II 1. Forking Lot-Central Avenue between 12th & 13th Streets 2. Parking Lot-Bluff Street at 11th Street. and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement hays been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of May 1980, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage e t` y 210 Regular Session, April 4, 1960 of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its considera- tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of April, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schueller. Councilman Schreiber not vot- ing. Nays-None. RESOLUTION NO. 6460 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigar- ette papers within said City. Name Address Dubuque Baseball, Inc., East 4th Street John B. Horn, 655 Central Avenue Erwin Hafeman, 2370 Rhomberg Avenue Clifford Banks, 2300 Rhomberg Avenue Mrs. Linnie Dunbar, 1500 Central Avenue BE TT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 4th day of April, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 85.60 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the foll~awing applications be granted and licenses be issued upon the compUAanee with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Dubuque Baseball, Inc., East 4th Street Louis A. Freisinger, 1598 Elm Street Donald P. Birkett, 1064 Univer- sity Avenue Mrs. Mildred Buttikofer, 399 East 20th Street Herbert F. Bisping, 1401 Elm Street Robert O. Kammerude, 253 West 1st Street CLASS "C" PERMIT Donald D. Schroeder, 2890 Central Avenue Earl J. McNamaza, 1046 University Avenue Passed, adopted and approved this 4th day of April, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO. N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Regular Session, April 4, 1960 211 Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 86.60 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Name Address Dubuque Baseball, Inc., East 4th Street Louis A. Freisinger, 1598 Eim Street Donald P. Birkett, 1064 University Avenue Mrs. Mildred Buttikofer, 399 East 20th Street Herbert F. Bisping, 1401 Elm Street Robert O. Kammerude, 253 West 1st Street Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. There being na further business Councilman Freund moved to ad- journ. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Coune'^~^^ Freund, Schaller, Scha Schueller. Nays-None. LEO F. FROMMEL City C1 Approved Adopted Councilmen: Attest: CLASS "C" PERMIT Donald D. Schroeder, 2890 Central Avenue Earl J. McNamara, 1046 Univer- sity Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 4th day of April, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOULS SCHALLER JOHN P. SCHREIBER Councllmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. City Clerk 212 Session, April 8, 1960 CITY COUNCIL (OFFICIAL) Special Session, April 8, 1960. CounciP met at 1:30 P.M. Present -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Acting City Manager Frommelt. Mayor Takos read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting upon such business as may properly come before the meeting. RESOLUTION NO. 87bD BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address Melvin J. Linden, 120 Southern Avenue BE 1T FURTHER RESOLVED that the bond filed with the appli- cation be approved. Passed, adopted and approved this 8th day of April, 1900. PETER J. TAKOS, Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SC1L T9 1-F_R JOHN P. SCHREIItER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the ~'~i adoption of the resolution. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 88.60 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the fallowing applications be granted and licenses be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Merlyn L. Weber, 1904 Central Avenue Melvin J. Linden, 120 Southern Avenue Passed, adopted and approved this Sth day of April, 1960. PETER J. TAKOS, Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Sec- onded by Councilman Schreiber. Carried by the fallowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 89.60 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Name Address Merlyn L. Weber, 1904 Central Avenue Melvin J. Linden, 120 Southern Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Session, April 8, 1960 Passed, adopted and approved this 8th day of April, 1900. PETER J. TAKOS, Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen j Attest: LEO F. FROMMELT, I City Clerk Councilman Schaller moved the adoption of the resolution. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. There being no further business Councilman Schaller moved to ad- journ. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. LEO F. FROMMELT, City Clerk. f, 213 214 Special Session, April 18, 1960 ~ Special Session, April 18, 1960 215 CITY COUNCIL (OFFICIAL) Special Session, April 18, 1960. Council met at 7:30 P.M. Present-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Acting City Manager Frommelt. Mayor Takos read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting upon such business as may properly come before the meeting. IOWA STATE DEPARTMENT OF HEALTH April 12, 1960 Mr. Leo F. Frommelt, City Clerk, Dubuque, Iowa. Permit No. 60-61-5 1528' of 8" S. P. Valley Street and Riker Street Attention Honorable Mayor and Council Gentlemen: In accordance with the provi- sions of Section 135.26 of the Iowa Stream and Lake Pollution Law, this permit is issued for the project cited above for which plans have been received in this office. This permit is issued sub- ject to the following conditions and requirements: 1. Sewer lines and manholes will be constructed in accordance with the standard City of Dubuque specifications. 2. Sufficient separation of sewer lines and water mains will be pro- vided to protect adequately the water system from possible con- tamination. The issuance of this permit in no way relieves the responsibility for complying with all local, state, and federal laws, ordinances, regula- tions, or other requirements ap- plying to this project. We are retaining one copy of the approved plans for our files and returning the other two• copies to your assistant city engineer. Inasmuch as this letter consti- tutes an official permit, it should be retained in your files. Very truly yours, P. J. Houser Division of Public Health Engineering Councilman Freund moved that the communication be received and made a matter of record. Seconded by Mayor Takos. Carried by the fallowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Communication of Brotherhood of Locomotive Firemen and En- ginemen thanking the Council for consideration given at the last meeting relative to finding a solu- tion in trying to get rid of the odor at the sewage disposai plant, presented and read. Councilman Freund moved that the communica- tion be received and filed. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Communication of League of Iowa Municipalities addressed to Councilman Leo Schueller, advis- ing him that he has been appointed to fill a vacancy existing on the Executive Board of the League, presented and read. Councilman Freund moved that the communica- tion be received and filed and ex- pressed congratulations to Council- man Schueller. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Leo F. Frommelt, Acting City Manager April 14, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: At the present time the Safeway Parking Company at 8th and Iowa has two driveways on the Iowa Street side of their lot which are not being used, and no plans to use these driveways in the near future are being contemplated by the owner. The Traffic Department has studied the situation and has come to the conclusion that two hour meters should be placed in these driveways. At the same time there is a one-half hour meter located on the north side of 8th Street just west of Iowa Street. This meter is a hindrance to. the flow of traffic in and out of the Safe- way Parking lot. It is therefor recommended that a two hour meter be installed in each one of the driveways on the Iowa Street side of the Safeway Parking Lot. Said driveways are located at about 735 and 751 Iowa Street. It is further recommended that the half-hour meter on the south side of West 8th Avenue, just west of Iowa Street, be removed. Respectfully submitted, LEO F. FROMMELT, Acting City Manager Councilman Schueller moved that the recommendation be ap- proved. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilman Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 15, 1960 Ta the Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: The petition of Lyle Dewey et al, residents of Ungs Street, request- ing awater main connection was referred to the Superintendent of the Water Department. We have been given to under- stand from the Water Department that they have consulted with two property owners involved and they have agreed o pay $2.25 per lineal foot of frontage to service the area. As soon as the cash payment for the extension is received the Water Department will proceed to install the water main. Respectfully submitted, LEO F. FROMMELT, Acting City Manager Councilman Schreiber moved that the communication be receiv- ed and made a matter of record. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 15, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: At the present time there is a taxi cab stand located on the south side of 9th Street in the first parking place east of Main Street. The cab basis from this corner has dwindled to a minimum because of the type of business changes in and near this location. Since 9th Street is one-way, this particular cab stand has become a source of congestion for traffic moving through the intersection. Captain O'Brien of the Traffic De- partment has met with drivers and owners of taxicabs relative to re- locating the cab stand. Since that time the owner of the Black and White Cab Company ap- proached Mr. Louis Pfohl, owner o£ the Fischer Building, and Mr. Ptohl has consented to the instal- lation; of a cab phone in the entry way to the Fischer Building on 9th Street. It is proposed that the cab stand be located at the first meter post west of the bus stop on the north side of 9th Street just west of Main Street and also that two twelve minute meters be installed from the cab stand west to the alley to reploce two one-hour meters. It is therefore recommended that: 1. The taxicab stand now located at the southwest comer of 9th and Main Streets be abandoned and aone-hour meter be erect- ed on the pole now controlling parking at that space. 2. That a taxicab stand be erected at meter post 9-79; first meter west of Main Street on north side of 9th Street. 3. That two twelve-minute meters be installed at meter spaces to replace the one-hour meters on west side of Main Street on north side of 9th Street. Respectfully submitted LEO F. FROMMELT, Acting City Manager Councilman Freund moved that the recommendation of the acting city manager be approved. Second- 216 Special Session, April 18, 1960 ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 18, 1960 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: Pursuant to your instructions, a preliminary survey, plan, and cost estimate has been completed for the 17th Street Storm Sewer. This storm sewer would begin at the existing Bee Branch Storm Sewer in 16th Street, thence west- erly in 16th Street to Maple Street, thence northerly in Maple Street to 17th Street, and thence westerly in 17th Street to he alley between Pine Street and Elm Street. The sewer would be an 84 inch pipe with necessary catch basins, lateral lines and appurtenances to serve the area. An 8 inch sanitary would be constructed to service the west side of Maple Street frown 16th Street to 17th Street. Also, it would be necessary to recon- struct the sewer, water, and gas house service for this same block of Maple Street. The water main and gas main at the intersection of 16th Street and Maple Street will be relocated to pass under the storm sewer. This storm sewer, at a future date could be extended westerly in 17th Street to intercept the West Locust Street Storm Sewer at the interseMion of Main Street and 17th Street. The construction of this section of storm sewer would necessitate the relocation of all sanitary sewers intersecting 17th Street, between Heeb Street and Elm Street; and the grade of 17th Street would be raised approxi- mately two feet between Pine Street and Central Avenue. The estimated total cost of the storm sewer from the existing Bee Branch Sewer to the alley between Pine and Elm Streets on 17th Street is $138,000.00. This estimate cost includes construction, en- gineering and inspection, admin- istration, legal cost, and contin- gencies. Very truly yours, LEO F. FROMMELT, Acting City Manager Councilman Freund moved that preliminary approval be given to the plan. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller Nays-None. April 18, 1960 To. the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: On March 7, 1960, A. Y. McDon- ald Manufacturing Company peti- tioned the City Council to paztici- pate in a plan to fill the area from 12th Street to 14th Street and from Sycamore Street to Marsh Street by paying for the yardage necessary to fill Ash Street and Marsh Street. At this time, it was recom- mended by the City Manager that the City pay for the cost of filling Ash Street only, at the estimated amount of $2,219.50. This plan would have raised the area from the elevation of 605.00 to 608.00. On April 4, 1960, the company amended the original petition to the City Council by requesting an additional fill for the area from elevation of 605.00 to 612.00, at the total estimated cost of: 15,634 cu. yds. of fill @ $0.30 per cu. yd.= $4,690.20. I, therefore, recommend that the City participate in the cost of filling the azea on Ash Street from 12th to 14th Street at the above mentioned cost, as this im- provement will bring the azea to the same elevation as 12th Street and the adjoining property to the east of 12th Street. I also recom- mend that the City does rat pay for the cost of filling Marsh Street. The cost of this fill can be made from the Street Construction Fund. Very truly yours, LEO F. FROMMELT, Acting City Manager Councilman Freund moved that the recommendation of the acting city manager be approved subject to suggestion that the fill be taken out of the center of the Seventh Street Harbor or Lake Peosta Channel. Seconded by Councilman Special Session, April 18, 1960 217 Schaller. Carried by the following vote: - Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiner, Schueller. Nays-None. April 18, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Edward J. Meyer - of 221 Southgate Drive, requesting the installation of a street light on Coates Avenue was referred to the City Manager and Electrical Inspector for investigation and re- port. After proper investigation, it has been found that in order to service the area properly it will be neces- sary to install two lights. It is recommended that one light be placed at the entrance into Southgate, and one half-way be- tween Coates and the entrance to Southgate, on pole 207-930 D. Respectfully submitted, LEO F. FROMMELT, Acting City Manager F Councilman Schaller moved that the recommendation of the acting City Manager be approved. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, ~ Schueller. Nays-None. April 18, 1960 To the Honorable Mayor and City Council ~ Dubuque, Iowa The City of Dubuque purchased Lot 2 of Mineral Lot 199 and Lot 2 of 1 of 1 of Mineral Lot 190 from Clarke College for the North Grandview Avenue right of way. The agreement for the purchase of this property is as recorded on the attached copy of agreement. - The preliminary schedule of as- sessment filed at the County Aud- ~ itor's office for the construction of Concrete curb and gutter did not show that the City of Dubuque would pay this assessment as - agreed upon. The description of the property ( being assessed, as recorded on the T preliminazy schedule of assess- - meat, is in error. The property is recorded as Mineral Lot 199, and Lot 1 of 1 of 1 of Mineral Lot 190. The schedule should be corrected as follows: Lot 1 of Mineral Lot 199 Lot 1 of 1 of 1 of 1 of Mineral Lot 190 Thereface, it is requested that your Honorable Body instruct the City Clerk and County Auditor to correct the North Grandview Avenue Concrete Curb and Gutter Preliminary Schedule of Assess- ment as above, and to state that the City of Dubuque will pay the assessment against Lot 1 of Min- eral Lot 199 and Lot 1 of 1 of 1 of 1 of Mineral Lot 190 as per prop- erty purchase agreement. Respectfully submitted, LEO F. FROMMELT, Acting City Manager Mayor Takos moved that the recommendation of the acting City Manager be approved. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. April 18, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the monthly report of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of March, as well as list of claims for which warrants were issued for the month of Mazch, 1960. Respectfully submitted, LEO F. FROMMELT, Acting City Manager Councilman Freund moved that the reports be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were drawn during the month M March 1960, present- ed and read. Councilman Freund moved that the proof of publica- tion be received and filed. Second- 218 Special Session, April 18, 1960 ed by Councilman Schueller. Car- ried~by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 18, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The City of Dubuque purchased Lot 2 of Mineral Lot 199 and Lot 2 of 1 of 1 of 1 of Mineral Lot 190 from Clarke College for the North Grandview Avenue right of way. The agreement for the purchase of this property is as recorded on the attached copy of agreement. The preliminary schedule of as- sessment filed at hte County Aud- itor's Office for the construction of Concrete curb and gutter did not show that the City of Dubuque would pay this assessment as agreed upon. The description of the property being assessed, as recorded on the preliminary schedule of assess- ment, is in error. The property is recorded as Mineral Lot 199, and Lot 1 of 1 of Mineral Lot 190. The schedule should be corrected as follows: Lot 1 of Mineral Lot 199 Lot 1 of 1 of 1 of 1 of Mineral Lot 190 Therefore, it is requested that your Honorable Body instruct the City Clerk and County Auditor to correct the North Grandview Av- enue Concrete Curb and Gutter Preliminary Schedule of Assess- ment as above, and to state that the City of Dubuque will pay the assessment against Lot 1 of Mineral Lot 199 and Lot 1 of 1 of 1 of 1 of Nlineral Lot 190 as per property purchase agreement. Respectfully submitted, LEO F. FROMMELT, Acting City Manager Councilman Freund moved that the request be approved. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. April 18, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bonds and policy and desire to have your ap- proval an same for filing, subject to the approval of the City Solic- itor: EXCAVATION Irwin Champion, d/b/a Bracon- ier Plumbing and Heating, Policy No. MCL 5575 Dubuque Fire & Marine Ins. Co. BLASTING H. M. and F. T. Steger, d/b/a Steger Construction Company, United Pacific Insurance Co. HEATING Loras Beadle, Bond Na. 854567- 660, Western Surety Company SIDEWALK John P. Welter d/b/a John P. Welter & Sons, Bond No. 942464, Hawkeye-Security Ins. Co. Richard and Louis Huseman, American Surety Company Heitzman Construction Company, The Fidelity and Casualty Co. of N. Y. Willy Construction Company, The Fidelity and Casualty Co. of N. Y. Respectfully submitted, LEO F. FROMMELT, Acting City Manager Mayor Takos moved that the filing of the bonds and policies be approved subject to the approval of the City Solicitor. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 11, 1960 Honorable Mayor and Council City of Dubuque Dubuque, Iowa Gentlemen: On the 31st day of March 1960, the Department of Recreation of the City of Dubuque, Iowa, filed a communication requesting the Honorable City Council to allocate the $284,359.00, the sum as paid by the Sears, Roebuck & Co. for the Rafferty Field property, to the Playground and Recreation Com- mission so that it can procerd %i aa, i ~. d t Special Session, April 18, 1960 219 with the purchase of property and a development of a proposed rec- reational center. This communication was refer- red to the City Attorney for in- vestigation and report and pursu- ant thereto, I wish to report that on August 3, 1959, the City Council of the City of Dubuque passed, adopted and approved Resolution No. 190.59, which Resolution per- tains to the purchase of Rafferty Field by Sears, Roebuck & Co. fer an agreed purchase price of $284,359.00. In Section 2, Subparagraph (b) the following appears: "(b) In the event substantially Sears, Roebuck & Co. fails to commence construction of a re- tail Department store and aux- iliary facilities (as June 19, 1959) within four years from the deliv- ery of the City's deed, then, in that event, the City shall have the right to repurchase the property by repayment of the said purchase price;" I am advised that Sears, Roebuck & Co. has not commenced con- struction of its project as of this date. It is the recommendation of the City Attorney that the City Coun- cil consider the communication of the Department of Recreation of the City of Dubuque in the light of Section 2, Subparagraph (b) of Resolution No. 190-59. Respectfully submitted, R. N. RUSSO, City Attorney Mayor Takos moved that the opinion be received and filed and that the Recreation Commission be send a copy of same. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 7, 1960 Honorable Mayor and Council City of Dubuque Dubuque, Iowa Gentlemen: On the 26th day of January, 1960, Mrs. Helen T. Pfiffner filed a claim against the City of Dubuque in an unnamed amount by reason of in- juries suffered as a result of a fall on the sidewalk in front of the nusy nee Cate at 1958 Central Av- enue, by reason of an accumulation of ice in front of said business. I have made an investgation of this matter and have conferred with Mr. and Mrs. Pfiffner and they have agreed to settle their claim against the City for the amount of $300.00, of which amount it is a recommendation of the City Attorney that the City pay the amount of $100.00 thereon and the remaining $200.00 being contributed by the parties in inter- est. It is a recommendation of the City Attorney that the City Aud- itor issue a warrant in the amount of $100.00 payable to Helen T. Pfiffner and Andrew Pfiffner, her husband, upon receipt of a duly executed release. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Freund moved that the recommendation of the City Solicitor be approved and that the Audtor be instructed to issue a warrant payable to Helen T. Pfiff- ner and Andrew Pfiffner in the amount of $100. and deliver same upon receipt of a duly executed re- lease. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. April 11, 1960 Honorable Mayor and Council City of Dubuque Dubuque, Iowa Gentlemen: On April 4, 1960, James Johns, 54 Alpine Street, filed his claim against the City in the amount of $275.80 for damages to his car when it was flooded by high muddy water on the 29th day of Mazch, 1960 while he had said vehicle parked on East 17th Street in the City of Dubuque, Iowa. I have made an investigation of this claim and find no actionable negligence on the part of the City and therefore, recommend that said claim be denied. Respectfully yours, R. N. RUSSO, City Attorney 220 Session, April 18, 1960 Councilman Freund moved that the recommendation of the City At- torney be aPProved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 11, 1960 Honorable Mayor and Council City of Dubuque Dubuque, Iowa Gentlemen: On April 4, 1980, Robert J. Jacq- uinot, 755 Levi Street, Dubuque, Iowa, filed a claim against the City in the amount of $187.95, which claim is based on damage to his truck suffered by reason of strik- ing ahole in the surface at Sulli- van Street where it intersects Southern Avenue, caused by the heavy rains of Mazch 29, 1960. I have made an investigation of this matter and find no actionable negligence on the part of the City, and therefore, recommend that his claim be denied. Respectfully yours, R. N. RUSSO, City Attorney Councilman Freund moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 11, 1960 Honorable Mayor and Council City of Dubuque Dubuque, Iowa Gentlemen: On the 31st day of March 1960, a claim against the City of Dubu- que, Iowa, was filed by Gerald D. Thurston, 837 High Bluff, Dubuque, Iowa, for damages to his car suffer- ed as a result of striking an open manhole at 17th and White Streets is the City of Dubuque, the cover of which was dislodged during a violent and heavy rain storm. I have made an investigation of this matter and find there was no actionable negligence on the part of the City and therefore, recom- mend that said claim be denied. Respectfully yours, R. N. RUSSO, City Attorney Councilman Freund moved that the recommendation of the City At- torney be approved. Seconded by Councilman Schreiber. Carried by the fallowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 11, 1960 Honorable Mayor and Council City of Dubuque Dubuque, Iowa Gentlemen: On the 31st day of March 1960, the claim of Marvin C. Stamp of Old Timer's Road, Dubuque, Iowa, was filed in the amount of $37.94 for damages to his vehicle suffered by reason of striking a hole in the surface of the street at Pennsyl- vania and Wisconsin Avenues on the 22nd day of March 1980, which claim you have referred to this of- fice. I have made an investigation of this claim and find no actionable negligence on the part of the City and therefore, recommend that said claim be denied. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Freund moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 7, 1960 Honorable Mayor and Council, City of Dubuque, Dubuque, Iowa Gentlemen: On the 25th day of January 1960, Carl Lena filed his claim in the amount of $34.50 against the City of Dubuque for damages suffered to his car by reason of striking an accumulation of snow and ice at the intersection of Southern Av- enue, Sullivan, and English Lane in the City of Dubuque, Iowa. I have made an investigation of this matter and find ao actionable t r -', ~, Special Session, April 1S, 1960 221 negligence on the part of the City and therefore recommend denial of said claim. Respectfully submitted, A. N. RUSSO, City Attorney Councilman Freund moved that the recommendation of City Attor- ney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 7, 1960 Honorable Mayor and Council City of Dubuque Dubuque, Iowa Gentlemen: On the 8th day of February, 1960, Irwin C. Engler filed a claim against the City of Dubuque in the amount of $15.00 for damages to his car, by reason of striking a hole in the street at the corner of Jones & Terminal Stree*s in the City of Dubuque. I have made an investigation of this matter and find no actionable negligence on the part of the City and, therefore, recommend the denial of said claim. Yours very truly, A. N. RUSSO, City Attorney Councilman Freund moved that the recommendation of the City At- torney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 7, 1980 Honorable Mayor and Council City of Dubuque Dubuque, Iowa Gentlemen: On February 18, 1960, Robert Timmerman filed his claim against the City in the amount of $29.62 for damages suffered to his car by reason of striking a hole in the pavement at 16th Street in the City of Dubuque. I have made an investigation of this claim and find no actionable negligence on the part of the City and therefore, recommend that said claim be denied. Respectfully submitted. Yours very truly, R. N. RUSSO, City Attorney Councilman Freund moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. April 7, 1960 Honorable Mayor and Council City of Dubuque Dubuque, Iowa Gentlemen: On the 3rd day of February, 1960, a claim in the amount of $41.34 was filed against the City by Leo J. Lynch for damages to his car by reason of striking a hole at Dodge and Main Streets in the City of Dubuque, on the 1st day of February, 1960. I have made an investigation of this matter and find there is no actionable negligence on the part of the City and therefore, recom- mend that this claim be denied. Respectfully submitted. Yours very truly, R. N. RUSSO, City Attorney Councilman Freund moved that the recommendation of the City At- torney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Notice of claim of Charles Spiel- man, Jr., in the amount of $1,381.41 for property damage as the result of flooding of his home at 1895 W. Third Street on March 29, 1960, presented and read. Mayor Takos moved that the claim be referred to the City Solici- tor for investigation and report. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. 222 Special Session, April 18, 1960 ' Special Session, April 18, 1960 223 Notice of claim of R. J. Voigt in the amount of $25.00 for damage to his yard as the result of a city snowplow driving over it on Febru- ary 22, 1960, presented and read. Mayor Takos moved that the claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Notice of claim of Adolph Wolff in the amount of $18.26 for damage to his car as the, result of striking a defect in Devon Drive on April 6, 1960, presented and read. Mayor Takos moved that the claim be referred to the City Solici- tor for investigation and report. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Notice of claim of Thomas Bo- land in an un-named amount, for personal injuries received in a fall on an icy walk on W. 5th Street on February 8, 1960, presented and read. Mayor Takos moved that the claim be referred to the City Solici- tor for investigation and report. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, S c h r e i b e r, Schueller. Nays-None. Notice of claim of Hillerest Build- ers Inc. in the amount of $63.60 for car damage as the result of backing into a washout on Illinois Avenue on April 11, 1960, present- ed and read. Mayor Takos moved that the claim be referred to the City Solici- tor for investigation and report. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. ORDINANCE NO. 15--60 An Ordinance amending Ordi- nance No. 33-49, known as the Traffic Code of the City of Du- buque, Iowa, by repealing subsec- tion a. of Section 1 of Schedule 1 thereof, and adding a new subsec- tion a. of Section 1 of Schedule 1 thereof, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Councilman Freund moved that the rules be. suspended requiring an Ordinance to be read on three separate days. Seconded by Council- man Schueller. Carried by the. fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. ORDINANCE NO. 75-80 An Ordinance Amending Ordin- ance No. 33-49, known as the TRAFFIC CODE of the City of Dubuque, Iowa, by Repealing sub- section a. of Section 1. of Schedule I thereof, and adding a new sub- section a. of Section 1 of Schedule 1 thereof. Be I[ Ordained By The Ci[y Council of The City of Dubuque, lows: Section 1. That Ordinance No. 33-49 of the City oY Dubuque, Iowa be and the same is hereby Amended by Repealing subsection a. of Sec- tion 1. of Schedule I thereof, by adding a new subsection a. thereto as follows: "a. In the alley between Iowa Street and Central Avenue from Weat Fourth Street to WesT Niuth Street and from West Tenth Street to Weat Fourteenth Street " Section 2. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Introduced the 18th day of Aprit, 1960. Ruts requiring reading on three separate days suspended by unani- mous vote the 18th day of April, 1960. Paeaed by recorded roll call vote, adopted and approved this 16th day of April, 1900. Peter T. Takos Mayor George A. Freund Leo N. Schueller Louis Schaller Sohn P. Schreiber Councilmen Attest: Leo F. Frommelt. City Clerk Published officially in the Tele- graph-Herald newspaper [his 25th day of April, 19E0. Leo F. Frommelt, City Clerk. Councilman Fecund moved the adoption of the Ordinance. Second- I' w ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None.. ORDINANCE NO. 16--60 An Ordinance amending Ordi- nance No. 33119 known as the Traf- fic Code of the City of Dubuque, Iowa, by adding subsection h to Section 2 of Schedule I thereof, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Councilman Freund moved that the Rules be suspended requirng an Ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. ORDINANCE NO. t5-60 An Ordinance Amending Ordin- ance No. 33-49 known as the TRAFFIC CODE of the City of Dubuque, Iowa, by adding aubaee- tion h. to Section 2 of Schedule I [hereof. Be It Ordained By The City Council Of The City of Dubuque IOWB: Section 1. That Ordlnance No. 33-49 be and the same is hereby Amended by adding subsection h. [o Section 2 of Schedule I thereto, as follows: "h. Terminal Street from F1rst Street to Tones Street." Section 2. Thla Ordinance shall he in full force and effect from and after its final passage, adop- tion and publication as by law prlntroduced the 18th day of April, 1960. Hule requiring reading on three separate days suspended by unani- mous vote the 18th day of April, 1960. Passed by reoorded roll call vote, adopted and approved this 18th Aay of April, 1960. Peter J. Takos Mayor George A. Freund Leo N. Schueller Louis Schaller John P. Schreiber Councilmen Attest: Leo F. Frommelt, City Clerk Published officially in the Tele- graph-Herald newspaper this 25th day of April, 1960. Leo F. Frommelt, City Clerk. Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. ORDINANCE NO. 17-60 An Ordinance Amending Ordi- nance No. 33-49, known as the Traf- fic Code of the City of Dubuque, Iowa, by repealing subsection h of Section 1 of Schedule I thereof, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Secondel by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Councilman Freund moved that the rules be suspended requiring an ordinance to be read on three separate days. Seoondedby Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. ORDINANCE NO. 17-50 An Ordinance Amending Ordi- nance No. 33-99, known ae the TRAFFIC CODE of the City oP Dubuque, Iowa, by Repealing sub- section h. of Section 1 01 Schedule i thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 of the City of Dubuque, Iowa be and the same [s hereby amend- Section 2. This Ordinance ehan be in full force and effect from and after its final passage, adopt- tion and publication as by law pro- yiaea. Introduced the 18th day oY April, Rule requiring reading on three separate days suspended by unan- imous vote the 18th day of Aprll, lsso. Passed by recorded roll call vote, adopted and approved this 18th day of April, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen. Attest: LEO F. FROMMELT City Clerk. Published ofnetally in The Tele- graph-Herald newspaper this 25th day of April 1960. LEO F. FROMMELT, lt. 4-25 City Clerk. 224 Special Session, April 18, 1960 ' Special Session, April 18, 1960 225 Councilman Freund moved the adoption of the ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber , Schueller. Nays-None. Petition of Board of Dock Com- missioners requesting the construc- tion of a double inlet to the. existing storm sewer at filth street to pre- vent flooding of Caradco lumber sheds, presented and read. Councilman Freund moved that the petition be referred to the City Manager and street commissioner for investigation and report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber , Schueller. Nays-None. Petition of Herbert L. Breitbach et al requesting the rezoning from a two family residence district to Local Business District B of Lots 18, 17, 18 & 19 in Wooten Sub- division and parts of M.L. 67, Mc- Clain Street area, presented and read. Councilman Schaller moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber , Sdaaeller. Nays-Nom. Petition of Walter J. Lewis re- questing rezoning of Lot 2 of 1 of 1 of 2 of 1 of 2 of 1 of Highland Farm from the present single fam- ily district classification to Local Business A classification, presented and read. (?auncilman Schaller moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber , Schueller. Nays-Nom. Petition of Hartman ConstruMion Co. requesting rezoning of Lot 1 of 8 of 3 of MS.. 319 and Lot 1 of 1 of 29 in John Kings 2nd addition froaa single family to multiple fam- ily classification, presented and read. Councilman Schaller moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber , Schueller. Nays-None. Petition orf Garland C. Lynch re- questing permission to construct a garage at 2463 Green street using rights of accessability granted by plat filed on March 20, 1855, pre- sented and read. Councilman Freund moved that the petition be referred to the City Manager. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber , Schueller. Nays-None. Petition of Barbara Rahloff for suspension of taxes on account of old age on Eyz of Lot 352 in East Dubuque Addition, presented and read. Councilman Schueller moved that the petition be referred to the City Manager. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber , Schueller. Nays-None. Petition of R. J. Sullivan, Jr., et al objecting to the proposed con- struction of a service station at the southeast corner of Rhomberg Av- enue and Stafford in the eight hun- dred block, presented and read. Councilman Schaller moved that the petition be referred to the Board of Adjustment. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber , Schueller. Nays-None. Petition of James R. McGloughlin requesting vacation and convey- ance of the alley located between Stoltz Street and Saunders Street, presented and read. Councilman Freund moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schaller. Carried by the, following vote: Yeas-Mayor Takes, Councilmen Freund, Schaller, Schrieber , Schueller. Nays-None. Petition of Roland Simpson et al requesting construction of curb & gutter and surfacing of Filmore Street between Adair and N. Grand- view Avenue, presented and read. ' Councilman Freund moved that :~ the petition be received and filed. i Seconded by Mayor Takos. Carried -;~ by the following vote: ;ai,:. Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber , - Schueller. "' Nays-None. Petition of Braconier Plumbing & Heating Co. requesting permis- Sion to excavate in the streets and - alleys of the city, presented and read. Councilman Schueller moved that the request be granted. Seconded '^??*~' by Councilman Schreiber. Carried ~ by the following vote: ' "^ Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber , Schueller. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate in Arrowhead Drive, same being a ten year street, presented and read. Councilman Schueller moved that the petition be granted. Seconded ai: by Councilman Schaller. Carried by the -following vote: Yeas-Mayor Takos, Councilmen - Freund, Schaller, Schrieber , Schueller. Nays-None. Petition of Mrs. Margaret A. Steichen requesting the rezoning of Lots 2, 3, 4, 5 & 6, of Steichen Sub. from single family residence - to the two family residence dis- trict classification, presented and read. Councilman Schaller moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber , Schueller. Nays-None. - Petition of Hillcrest Builders Inc. requesting permission to ex- cavate at 1945 Carter Road, pre- sented and read. Councilman Schueller moved that the request be granted. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. April 12, 1960 Honorable Mayor, and Members of the City Council, City of Dubuque, Iowa. Gentlemen: On June 17, 1941 Harry E. Lewis recorded a plat of Lot 30 in J, P. Schroeder's Addi- tion, which indicated that the North 20 feet of said lot was in street. Actually, this plat is in error in a number of respects. It shows Lot 30 to be 75 feet in width although it is actually only 85 feet wide. It shows the north 20 feet as street, but no part of Lot 30 has ever bean dedicated or accepted as a street. And, it shows the north line of the alley known as Globe Street to lie 96 feet north of the south line of Lot 30, but it should be only 85 feet north of the south line of Lot 30. The north 20 feet of Lot 30 is listed in the name of Harry E. Lewis and Dorothy Lewis; he pays the taxes on it; as far as the record shows it never was established as a street, and because of the terrain it is not practical to make a street out of it, but this plat constitutes a cloud on Mr. Lewis' title. We therefore request that the City of Dubuque issue its Quit Claim Deed to Harry E. Lewis and Dorothy Lewis to remove this cloud created by this erroneous plat. A prepared Resolution and form of deed are submitted herewith. Respectfully submitted, HARRY E. LEWIS and DOROTHY LEWIS By T. H. Nelson, Their Attorney Councilman Freund moved that the petition be granted. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Counclmen Freund, Schaller, Schreiber , Schueller. Nays-None. 226 Special Session, RESOLUTION NO. 900 Whereas, on June 17, 1941, Harry E. Lewis recorded a plat of Lot 30 of J. P. Schroeder's Addition in the City of Dubuque, which showed the North 20 feet of said Lot to be in street; and, Whereas, the North 20 feet of said Lot 30 has not ever been dedicated or accepted as a public street; and, Whereas, Harry E. Lewis and Dorothy Lewis have requested that the City of Dubuque issue its Quit Claim Deed to the North 20 feet of Lot 30 to remove the cloud created by this erroneous plat; and Whereas, the City Council is of the opinion such request should be granted; Now Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to exe- cute and deliver the Quit Claim Deed of the City of Dubuque, quit claiming all of its right, title and interest in The North 20 feet of Lot 30 in J. P. Schroeder's Addition in the City of Dubuque, Dubuque County, Iowa, to Harry E. Lewis and Dorothy Lewis; Section 2. That the City Clerk be and he is hereby authorized and di- rected to record a certified copy of this Resolution in the office of the County Recorder of Du- buque County, Iowa. Passed, adopted and approved this 18th day of April, 1960. PETER J. TAKOS, Mayor GEORGE A. FREUND, LEO N. SCHUELLER JOHN P. SCHREIItEA, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. 1960 RESOLUTION NO. 91-0 Resolution Amending Resolution No. 65--60 Whereas, the City Council of the City of Dubuque has heretofore adopted Resolution No. 65--G0, ap- proving the Plat of "Sunrise Heights" in the City of Dubuque, Dubuque County, Iowa; and Whereas, Andrew J. Richard and Marie Richard, as owners of said Subdivision, have requested the amendment of said resolution to authorize them to install Portland Cement Concrete Streets instead of bituminous concrete; and Whereas, the City Manager has recommended the approval of said request; Now, Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That Section 2 of said Resolution No. 6t~60, be and the same is hereby amended by delet- ing section "b" thereof and sub- stituting the following therefore: " 2 (b) To surface Boyer Street, Hefel Court and Linda Court as the same appears upon said plat for a width of thirty (30) feet from curb face to curb face with Portland Cement concrete sur- facing with integral concrete curb and gutter, all in accord- ance with City of Dubuque Stand- ard specifications for Portland Cement Concrete Streets." Section 2. That this resolution shall become effective upon the ac- ceptance of the terms and condi- tions thereof by Andrew J. Rich- ard and Marie Richard. Section 3. That upon the accept- ance of the terms and conditions of this amendment to said Resolution 65-60, the Cty Clerk be and he is hereby authorized and directed to record a certified copy hereof in the Office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 18th day of April, 1960. PETER J. TAKOS, Mayor GEORGE A. FREUND, LEO N. SCHUELLER, LOUIS SCHALLER, JOHN P. SCHREIBER, Councilmen Attest: LEO F. FROMMELT, City Clerk Special Session, ACCEPTANCE OF RESOLUTION NO 650 Andrew J. Richard and Marie Richard, being famliaz with the terms and conditions of the fore- going resolution No. 910, being a resolution amending Resolution No. 65-60 as to the surfacing of "Sunrise Heights" in the City of Dubuque, Iowa, hereby accepts the same and agree to perform the con- ditions required of it therein. Dated this 25th day of April, A.D. 1960. ANDREW J. RICHARD MARIE RICHARD Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. April 2, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is plat of Blocks 12, 13 and 14 in Steger Heights. This plat has been approved by the Planning & Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley Secretary Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. RESOLUTION NO. 92--60 Resolution Approving the Plat of Blocks 12, 13, and 14 in Steger Heights in the City of Dubuque, Iowa. Whereas, there has been filed with the City Clerk a plat of the Subdivision of Blocks 12, 13, and 14 in Steger Heights in the City of Dubuque, Iowa, by Fay Thomas Steger and Calista Ann Steger, hus- band and wife; and Whereas, upon said plat appeaz streets and easements which the 18, 1960 227 owners by said plat have dedicated to the public forever; and Whereas, said plat has been ex- amined by the City Council, and said Council finds that the same conforms to the statutes and ordi- nances relating thereto and that the grades have not been estab- lished, or the streets graded, or the surfacing, or sewer and water mains installed; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of New Haven Street and Mineral Street as appear on said plat, to- gether with easements for public utilities shown thereon, be and the same are hereby accepted; Section 2. That the plat of the Subdivision of Blocks 12, 13, and 14 in Steger Heights in the City of Dubuque, Iowa, be and the same is hereby approved, nod the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque upon said plat, provided the own- ers of said property hereinafter named, execute their written ac- ceptance hereto attached, agreeing: (a) To reduce New Haven Street and Mineral Street to grade as shown by the profiles submitted with the plat; (b) To surface New Haven Street and Mineral Street as the. same appear on said plat for a width of thirty feet from curb to curb with bituminous concrete with combina- tion concrete curb and gutter, Type A curb, all in accordance with the City of Dubuque Standard Specifi- cations for bituminous dgncrete streets; (c) To install watermains in ac- cordance with the plans submitted with the plat; (d) To install storm and sanitary sewers in accordance with plan sumitted with the plat; (e) To install sanitary sewer and water house laterals for each lot from the main to the property line.; (f) To construct sidewalks as re- quired by City Ordinances; (g) To construct the foregoing improvements in accordance with the plans and specifications ap- proved by the City Manager under the inspection of the City Engineer 228 Special Session, April 18, 1960 and in the manner approved by the City Manager; (h) To maintain the street & sidewalk improvements for a period of four (4) years from the date of their acceptance and to maintain the sanitary sewer & water mains for u period of two (2) years from the date of its acceptance; (i) To provide the foregoing construction and maintenance, all at the expense of the subdivider, Fay Thomas Steger and Calista Ann Steger, husband and wife, as own- ers; (j) To construct said improve- ments prior to September 1, 1962; and further provided that said Fay 'T'homas Steger and Calista Ann Steger, as owners of said Sub- division, secure the performance of the foregoing conditions by pro- viding security in such form and With such sureties as may be ac- ceptable to the City Manager; Section 3. That in the event Fay Thomas Steger and Calista Ann Steger shall fail to execute the ac- ceptance and provide the security provided for in Section 2 hereof within 46 days from the date of this Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dedication and the approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 18th day of April, A.D. 1960. PETER J. TAKOS, Mayor GEORGE A. FREUND, LEO N. SCHUELLER, LOUIS SCHALLER, JOHN P. SCHREIBER, Councilmen Attest: LEO F. FROMMELT, City Clerk This is to certify that the secur- ity provided by the foregoing Reso- lution No. 92-60 has been pro- vided by the owner. Dated at Dubuque, Iowa, this 26 day of April, A.D. 1960. LEO F. FROMMELT, Acting City Manager ACCEPTANCE OF RESOLUTION NO. 92--60 We, Fay Thomas Steger and Cal- ista Anh Steger, being familiar with the terms and conditions of the foregoing Resolution No. 92- li0 hereby accept the same and agree to preform the conditions re- quired of us therein. Dated this 25th day of April, A.D. 1960. FAY THOMAS STEGER CALISTA ANN STEGER Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. RESOLUTION NO 93--60 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relat- ing to the sale of cigarettes within the Ctiy of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address Marco Giunta, 1564 Central Av- enue Dorothy Jewell, 1626 Central Av- enue Robert O. Kammerude, 253 West First Street Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 18th day of April, 1960. PETER J. TAKOS, Mayor GEORGE A. FREUND, LEO N. SCHUELLER, LOUIS SCHALLER, JOHN P. SCHREIBER, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Fteund, Schaller, Schreiber , Schueller. Nays-None. Councilman Schueller moved that the rules be suspended in order to allow anyone present address the Council if they so desire. Sec- onded by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Setiuell~. Nays-None, Special Session, April 18, 1960 229 Mr. Ronald Hagesten and H. Wil- helm addressed the Council rela- tive to the construction of the Mar- mora Avenue street sewer. Mayor Takos moved that approv- al be given to start construction of the Marmora street sewer and that necessary action be taken to re- ceive bids for construction of the Drexel street sewer. Seconded by Councilman Freund. Carried ~y the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Mr. Paul Schwendinger of 786 Kaufmann Avenue addressed the Council relative to water that flows down Kaufmann Avenue more. or less continuously which seems to be coming from the water level. Council recessed at 10:55 P.M. -Reconvened at 11:30 P.M. Councilman Schreiber moved that Mr. John J. (Hank) Waltz be ap- pointed to the Dock Commission to fill the place vacated by Frank Wagner, said appointment being a 3 year term to 11-26-62. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber. Nays-Councilmen Freund , Schueller. Councilman Freund explained his no vote by stating that Waltz is a defeated candidate; appeared before Dock Commission on leases; opposite idea of everything done to date at Industrial Park. Councilman Schaller stated that Waltz was best for Dubuque and its citizens because he knows every foot of the. area; other names elim- inated by most of Council mem- bers; and that he will do a con- scientious job. Councilman Schreiber stated that Waltz was the most qualified and that all other names have declined by their own choosing. Councilman Schueller stated that he voted no because in interviews with Waltz he was not in accord with his thinking. Nothing per- sonal whatsoever. Mayor Takos stated that in the very near future the appointment of Waltz would be justified. Councilman Schueller moved that N. J. Greteman be appointed to the Police & Fire Retirement Pen- sion Roard to take the place of the late T. J. Hill, said term for four years to 4-1-62. Seconded by Coun- cilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Councilman Schueller moved that the Councilmen salary be advanced to $1200.00 per year effective May 1, 1960. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-Councilman Freund. ORDINANCE NO. 18-fi0 An Ordinance Amending ordi- nance No. 35-51 of the City of Dubuque, Iowa, by repealing sec- tion 4 thereof and substituting a new section 4 in lieu thereof, pre- sented and read. Councilman Schueller moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-Councilman Freund. Councilman Schueller moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-Councilman Freund. ORDINANCE NO. 18~~f1 Ordinance amending Ordinance No. 35-51 of the City of Dubuque, Iowa by repealing section 4 thereof and subsfituti~rg a r~ew section 4 in lieu ffiereof. Therefore Be It Ordained by the City Council of the City of Du- buque, Iowa. Section 1. That Ordinance No. 35-51 of the City of Dubuque, Iowa be and the same is hereby amended by repealing section 4 thereof by adding a new section 4 thereto as follows: 'l' 230 Special Session, April 18, 1960 "4. The compensation of the members of the City Council shall be One Thousand Two Hundred ($1,200.00) Dollars per annum, payable monthly from May 1, 1960. Section 2. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law pro- vided. Introduced the 18th day of April, 1960. Rule requiring reading on three separate days suspended by unani- mous vote the 18th day of April, 1960. Passed by recorded roll call vote, adopted and approved this 18th day of April, 1960. PETER J. TAKOS, Mayor APProved ................................19........ Adopted Councilmen: Attest LEO N. SCHUELLER, LOUIS SCHALLER, JOHN P. SCHREII3ER, Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in the Tele- graph-Herald newspaper this 25th day of April, 1960. LEO F. FROMMELT, 1 t. 4-25 City Clerk Councilman Schueller moved the adoption of the Ordinance. Second- ed by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-Councilman Freund. There being no further business Councilman Freund moved to ad- journ. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. LEO F. FROMMELT, City Clerk City Clerk f i i Regular Session, May 2, 1960 231 CITY COUNCIL OFFICIAL. Regular Session May 2, 1960. Council met at 7:30 P.M. Present-Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Acting City Manager Frommelt. Mayor Takos read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. May 2, 1960 The Honorable Mayor and City Council of the City of Dubuque, Iowa City Hall, Dubuque, Iowa Gentlemen: Hillcrest Builders, Inc., and others hereby submit a petition for voluntary annexation by resolution, which is uncondi- tional. Aform of resolution to ac- complish said annexation is also submitted herewith. We trust this annexation will re- cieve your favorable action and adoption at the meeting to be held on this date. Very truly yours, HII.LCREST BUILDERS INC. By O'Connor, Thomas, McDermott & Wright By E. Marshall Thomas Attorneys for Hillcrest Builders Inc. APPLICATION FOR ANNEXATION BY RESOLUTION Whereas, the City of Dubuque, Iowa, is rapidly growing westerly and including areas west of the present city limits of the City of Dubuque, Iowa; and Whereas, the City has under con- sideration the annexation of terri- tory lying west of the present city limits of the City of Dubuque, Iowa; and Whereas, Hillcrest Builders Inc., Dubuque, Iowa, has plans for the development of a subdivision to be known as "Key Knolls Subdivi- sion" in a territory lying just west of the city limits of the City of Dubuque, Iowa; and Whereas, the layout and develop- ment plan for the first 40 acres thereof has received tentative ap- proval of the City Planning and Zoning Commission and the City Engineering Department, which first section will be comprised of approximately 177 single family residence lots; and Whereas, said Key Knolls Sub- division has been duly approved by Federal Housing Administration fox financing of homes to be built thereon; and Whereas, to promote the orderly and proper growth and develop- ment of this area, the same should be a part of the City of Dubuque, Iowa; and Whereas, for the said territory to be developed there is need for the extension of sewers and water mains and other services that the City can provide; and Whereas, the undersigned own- ers of an area of approximately 126 acres desire that their land which immediately adjoins the westerly limits of the City of Dubuque, Iowa, and containing approximately 126 acres be annexed forthwith to the City of Dubuque, Iowa; and Whereas, it will be to the best interests of the City of Dubuque, Iowa, and the inhabitants thereof for said territory to be incorpor- ated into the City of Dubuque, Iowa; Now, Therefore, the undersigned, being all the owners of an area containing approximately 126 acres lying west of and immediately ad- joining the westerly boundary of the city limits of the City of Du- buque, Iowa, hereby make applica- tion for annexation to the City of Dubuque, Iowa, by resolution pur- suant to Section 362.30, Code of Iowa 1958, of the following de- scribed area, to wit: Northeast Quarter of the South- east Quarter, Lot 1 of the North- west Quarter of the Southeast Quarter, Lot 2 of the Southwest Quarter of the Southeast Quarter, Blocks 1, 2, 3, 4, 5, 6, and 7 in Iiey Knolls Subdivision, and Lots 1, 2, 3, 4, and 5 in Lange's Sub- division situated in the Southeast Quarter of the Southeast Quar- ter, all in Section 21, Township 89 North, Range 2 East of the 5th P.M, a plat of the aforesaid area being attached hereto. Wherefore, the undersigned re- spectfully request prompt and fav-